State of Kerala vs Gireesha Chandran and The Secretary, TRIDA

Pius C. Kuriakose, J.—The Government is in appeal. The property was in Pettah village. The purpose of acquisition was widening of Bakery-Palayam-Airport road for TRIDA. The relevant Section 4(1) notification was published on 23/11/03. The Land Acquisition Officer awarded land value at the rate of Rs. 1,46,819/- per Are. The Reference Court under the impugned judgment re-fixed the value at the rate of Rs. 16,54,307/- per Are. Our attention was drawn by Smt. Latha T. Thankappan, the learned Senior Government Pleader to our own judgment in L.A.A.1973/08. She submitted that under that judgment, we re-fixed the value of land for which the Land Acquisition Officer awarded land value at higher rates at Rs. 14 lakhs after interfering with the judgment of the Reference Court. According to her, if that judgment is followed, the maximum value that can be awarded to the property in this case is Rs. 9,46,982/-. Sri. D. Ajithkumar, the Learned Counsel for the respondent submitted that the properties under acquisition was enjoying several additional advantages. Therefore, there is every justification for granting at least Rs. 14 lakhs for this property.

Having anxiously considered the rival submissions addressed at the Bar, we are of the view that the value of the properties under acquisition can be reasonably fixed at Rs. 10 lakhs per Are. It is accordingly re-fixed.

The appeal will stand allowed to the above extent. The claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and u/s 28 of the Land Acquisition Act. But we clarify that the interest u/s 28 will be admissible only from the date of dispossession.