Ramachandran Nair, J. This appeal is filed by the claimant in L.A.R No.145 of 2009 of the Sub Court Muvattupuzha claiming further enhancement. The purpose of acquisition is for construction of Perumballoor M.D chainage of M.V.I.P canal. The notice under Section 4(1) of the Land Acquisition Act was published on 25.11.1995 and the extent acquired is 5.50 ares (13.58 cents) in Survey No.597/7-5 & 8-3 of Arakuzha village. The Land Acquisition Officer fixed the land value at the rate of Rs.10,000/- per are and the appellant claimed Rs.25,000/- per cent. The case was jointly tried along with certain other cases also. The court below has fixed the land value at the rate of Rs.15,000/- per are. Herein the appeal is filed claiming the land value at the rate of Rs.18,000/- per are.
2. We heard the learned counsel Sri C.P.Saji and the learned Senior Government Pleader Sri Aloysius Thomas.
3. The learned counsel for the appellant submitted that Ext.A1 ought to have been relied upon by the Reference Court, which is a document executed on 16.6.98. Going by the same, the sale price is to the tune of Rs.33,000/- per cent. It is also stated that going by Ext.C1 Commission report it can be seen that property covered by Ext.A1 is situated 2 ½ k.m away from the acquired land in a hilly terrain in the midst of a colony. The Commissioner has noted that the same is less important than the acquired property.
4. The learned Government Pleader submitted that the same cannot be relied upon since it was purchased by the B.S.N.L for erecting a mobile tower by paying fancy price.
5. The Reference Court was stated in para.21 the locational importance of the property acquired, by relying upon the evidence of PW1 and the report of the Commissioner. It is recorded that the property is lying near to Muvattupuzha- Pandapilly P.W.D road and Perumballoor-Payyanavillattu P.W.D road. There are several important institutions like Post Office, Rubber Factory, Hospitals, schools, etc. near to the acquired land. It is also found that Exts.R1 to R12 mahazars will show that the acquired land is near to Muvattupuzha - Pandapilly road. In the light of the locational importance of the acquired land, 50% enhancement was given by the Reference Court to that of the land value fixed by the Land Acquisition Officer. In all these cases the Land Acquisition Officer adopted the following rates namely, Rs.9,000/-, Rs.10,000/- and Rs.12,000/-
per are.
6. We have considered the rival submissions. Of course Ext.A1 will show that the land value is at Rs.33,000/- per cent. It was rightly found by the Reference Court that even though it is a property situated in the midst of a colony, it was purchased for erecting a mobile tower by the B.S.N.L. The possibility of a fancy price given cannot be ruled out even though the learned counsel for the appellant submitted that the document is of the year 1998.
7. But considering the importance of the acquired property and the nearness to the P.W.D road and other important institutions, we are of the view that a reasonable enhancement can be given. Accordingly we modify the judgment of the Reference Court by fixing land value at Rs.17,500/- per are for the acquired property involved in the appeal.
The appeal is allowed to that extent. There will be no order as to costs.
rtr/ Sd/-
T.R.RAMACHANDRAN NAIR Judge Sd/-
P.V.ASHA Judge /true copy/ P.S to Judge