The Special Tahsildar (LA) vs K.V. Arumughan and Others

Pius C. Kuriakose, J.—This appeal by the Government pertains to acquisition of land in Vengeri village pursuant to Section 4(1) notification published on 27/07/98 for the purpose of construction of Kozhikode byepass. The Land Acquisition Officer awarded land value at the rate of Rs. 33,622/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs. 60,000/- per cent.

In the appeal grounds are raised contending that the enhancement granted by the Reference Court is inadequate. Our attention is drawn by the learned Government Pleader to our own judgment in LAA.136/02 which was in respect of acquisition of land in the same village for the same purpose but pursuant to Section 4(1) notification published four years earlier. We notice that under that judgment, we have approved the market value of the land at Rs. 30,000/- per cent only. We feel that since the property is situated within the area of Calicut Corporation addition of 15% per year [maximum rate permissible as per the judgment of the Supreme Court in G.M., Oil and Natural Gas Cor. Ltd. v. R. Jivanbhai Patel and Anr. 2008 SAR (Civil) 894) can be allowed. Allowing additions in that way, the value of the land under acquisition in this case can be re-fixed at Rs. 48,000/- per cent. It is accordingly re-fixed.

The appeal will stand allowed to the above extent only. 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. Parties are however, directed to suffer their respective costs in the appeal.