HARUN-UL-RASHID, J.
Claimants are the appellants. The appeal is directed against the judgment and decree dated 20.8.2007 in L.A.R.No.347/2006 on the file of the 3rd Additional Sub Court, Ernakulam. An extent of 5.45 Ares of land comprised in Sy.No.23/1-35 of Edappally North Village, Kanayannoor Taluk was acquired for NH-17. The notification under Section 4(1) of the Land Acquisition Act was published on 14.3.2002. The Land Acquisition Officer awarded land value @ Rs.1,19,150/- per Are. The Reference Court refixed the land value as Rs.1,54,900/- per Are. One of the claimants was examined as AW1. The claimants also produced Exhibits A1 to A6. The respondents' Exhibits are R1 and R2. Commission report and sketch are marked as Exhibits C1 and C1(a). The Commissioner reported that the acquired property situates within a distance of 700 Metres from Edappally Junction on the eastern side of NH-17. It is also reported that the property is lying as a plain land, about 17 Metres away from old NH Road and that there is a road on the western side of the acquired property connecting the property with the old NH-17. The Commissioner also reported that institutions like Mosque, Al-amin Public School, Skyline Group Apartments, etc. are lying in the vicinity. It is also reported that there are very many residential buildings and commercial buildings near to the acquired property. It is further reported that there is a road having 3 Metres width connecting the acquired property and NH-17.
2. On going through the commission report, evidence of AW1 and other materials on record, it is seen that that the property is lying at an important locality within the Corporation of Kochi. The distance from NH-17 to the acquired property is only 17 Metres with direct access from NH-17 by a road having 3 Metres width. The commission report also shows that the property is lying at a distance of 700 Metres away from Edappally Junction and NH-47.
3. The learned Government Pleader on instructions submits that this Court had occasion to consider other Land Acquisition Appeals dealing with properties acquired under the very same notification. The learned Government Pleader also submits that this Court awarded enhancement of 80% over and above what is awarded by the Land Acquisition Officer in some cases and in some other cases 70%. Considering the importance of the locality and potentiality of the land, we are of the view that an increase of 80% adopted by this Court can be followed.
In the result, this appeal is partly allowed. The appellants/claimants are entitled to 80% increase over and above the land value awarded by the Land Acquisition Officer. The claimants are thus entitled to land value @ Rs.2,14,470/- per Are. They are also entitled to all statutory benefits eligible under the Land Acquisition Act.
Sd/-
HARUN-UL-RASHID, JUDGE dsn Sd/-
ANIL K.NARENDRAN, JUDGE