T.M. Rajan vs State of Kerala and The Secretary

Pius C. Kuriakose, J.—The claimant is in appeal. His property in Sasthamangalam village was acquired for the purpose of widening of student''s centre - LMS - Sasthamangalam Public Road pursuant to Section 4(1) notification published on 02/03/05. The Land Acquisition Officer fixed the land value at Rs. 3,37,155/- per Are. The Reference Court on evaluating the evidence adduced by the parties would re-fix the land value at Rs. 4,17,229.31/- per Are. The ground seriously raised in this appeal is that the land value should have been re-fixed at least at Rs. 20 lakhs per Are in view of subsequent judgments passed by this Court in connected matters.

Having considered the submissions addressed before us by Sri. Lal George, the learned Counsel for the Appellant and by Smt. Latha T. Thankappan, the learned Senior Government Pleader and having gone through the impugned judgment and having taken into account other relevant materials including the judgment of this Court in LAA.1096/10, we are of the view that there is every justification for allowing this appeal to the extent of re-fixing the land value at Rs. 18 lakhs per Are. Hence, we allow the appeal re-fixing the market value of land under acquisition at Rs. 18 lakhs per Are. The Appellant 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.