Ramachandran Nair,J. The State is aggrieved by the judgment in LAR No. 113/2006 whereas, the claimant seeks enhancement of land value already fixed by the Reference Court by filing the Cross Objection at the rate of Rs.1,65,000/- per Are.
2. Notification under Section 4(1) was published on 28.02.2003 and work in question is the part of Kerala State Transport Project. The Land Acquisition Officer fixed the land value at Rs.8,938/- per Are, which stands enhanced to Rs.1,35,905/- per Are.
3. The Reference Court relied upon the judgment in LAR No. 236/06 as Ext.A1. The property is having M.C Road frontage, which is clear from the judgment of the Reference Court. It is a dry land also.
4. Apart from the enhancement claimed in respect of the property the claimant is seeking enhancement for the building situated in the property also. Learned Senior Government Pleader submitted that the property is not actually categorized in the first category and therefore, the enhancement is on a higher side. The learned counsel for the claimant submitted that the property is actually a dry land with a residential building therein. The claimant is also claiming 30% enhancement over the value of structures.
5. The Reference Court in the judgment relied upon various aspects. In respect of another plot of land where the Land Acquisition Officer has awarded the land value at the rate of Rs.10,000/- per Are, this Court by judgment in LAA No.98/12 has enhanced the same to Rs.1,65,000/- per Are. Therein the claimant was also allowed 30% increase of the value of the structures fixed by the Land Acquisition Officer.
6. The property herein is in Peringanadu Village.
Since the property is having M.C Road frontage, it is clear that the same is having potential and apart from the land acquired there is a building also. In that view of the matter, it is only reasonable to fix the land value based on the judgment in LAA No.98/12.
7. As rightly pointed out by the learned Senior Government Pleader, our judgment herein in re-fixing of land value, in the light of the value fixed by court in LAA No.98/12, has no reflection on the categorisation of the land by the Land Acquisition Officer. The claimant is also entitled to enhancement of value of structures by 30% over the value fixed by Land Acquisition officer. He also will be entitled for all the statutory benefits as granted by the Reference Court.
In that view of the matter, we dismiss LAA No. 629/2012 and allow the Cross Objection and the land value is re-fixed at Rs.1,65,000/- per Are. No cost.
Sd/-T.R.RAMACHANDRAN NAIR Judge.
lsn Sd/-P.V.ASHA, Judge.