State of Kerala vs Ratnabhai

Pius C. Kuriakose, J.—There is no appearance for the respondent even though she has been served with notice. Property was in Varapuzha Village and the acquisition was for the construction of National Highway 17 from Varapuzha to Cheriyappilly. The notification u/s 4(1) was published on 22-03- 2004. The L.A. Officer fixed the market value at Rs. 75,556/- per Are and the Court below under the impugned judgment re-fixed the value at Rs. 1,69,227/- per Are. It is submitted by Smt. R. Bindu, learned Govt. Pleader that the judgments of this Court in LAA. Nos. 713/10 and 1299/09 should decide this appeal in favour of the Government. We find some merit in the submission of the learned Govt. Pleader. According to us, the claimants cannot aspire for increase by more than 82.5% of what was awarded by the L.A. Officer. Having gone through the two judgments referred to above we re-fix the market value of the property under acquisition at Rs. 1,38,000/- per Are. Appeal is allowed to the above extent. The claimant is entitled to all statutory benefits admissible u/s 23(1A), 23(2) and Section 28 of the L.A. Act. However, the parties will suffer their respective costs.