Ramachandran Nair, J.,
In this appeal filed by the State, the judgment in L.A.R. No. 100/2006 of the Sub Court, Pathanamthitta is assailed on various grounds. The claimants have filed Cross Objection 104/2004.
2. Heard the learned Sr. Government Pleader Sri. Alosius Thomas for the State and Adv. Sri. T.K. Kozhy for the respondents.
3. The land was acquired under Section 4(1) notification dated 26.7.2003 for the purpose of widening of M.C road at Kottarakkara-Adoor-Chengannoor. The work is part of the Kerala State Transport Project. The land value fixed by the Land Acquisition Officer was at the rate of `.10,000/- per are and for the structures including building `.1,50,500/- was awarded.
4. The reference court has enhanced the land value at the rate of `.1,50,000/- per are.
5. Learned Sr.Government Pleader submitted that the land was included in the IIIrd category by the Land Acquisition Officer. The finding that it should have been included in the 1st category is not correct. It is also submitted that the claimant had not taken out any commission, to report about the nature of the land.
6. The learned counsel for the respondent submitted that the reference court has gone through the records of the Land Acquisition Officer and found that the properties are liable to be included in the first category, being dry land with building having M.C.road frontage. The Land Acquisition Officer fixed the land value at the rate of `. 21,925/- per are for the first category. For the second category the land value fixed by the Land Acquisition Officer is at `.17540/- per are and the land value fixed by the Land Acquisition Officer for the land under the third category is at `.10,000/- per are.
7. After verifying the mahazar, the reference court has stated that going by the details of the acquired property and the building situated in the acquired property it can be seen that the land should be included in the Ist category.
8. In fact, the area is having extent of 0.27 ares and the building has been valued at `.1,50,500/-. It is a three room shop building. In that view of the matter, inclusion of the land in the first category cannot be said to be incorrect. Regarding the land value fixed, learned counsel for the respondent relied upon the judgment of this Court in L.A.A. 969/09 wherein this Court, with regard to the land included in the first category, has upheld the award fixing the land value at `.1,75,000/- per are. It is submitted that the claim in the Cross Objection is to the tune of `.1,65,000/- per are.
9. We had also disposed of another appeal L.A.A.
520/2012 wherein also in respect of similar lands, we have confirmed the judgment, wherein in respect of the land included in the 1st category the judgment of the reference court by granting an amount of `.1,60,000/- per are has been confirmed. The learned counsel for the respondent pointed out that in those cases, no cross objections were filed by the claimants, seeking land value at an amount more than `. 1,60,000/-. Therefore, this Court did not refix the land value.
10. In the light of the fact that, the land is included in the first category the claimant is entitled the land value fixed at the rate of `.1,65,000/- per are going by the judgment in L.A.A.969/09 and we refix the land value accordingly. Apart from the same, as far as the valuation of the building is concerned, the reference court did not grant anything more. The rate adopted for valuation being one fixed by the PWD, this court has been awarding 30% increase in all the cases, in view of the difference between the PWD rate with the market rate. The same method can be adopted in this case.
In the above circumstances, we dismiss the L.A.A. 98/2012 and allow the Cross Objection 104/2012. It is declared that the claimants are entitled to 30% increase of the value of the structures from `.1,50,500/- fixed by the Land Acquisition Officer and will also be entitled for land value at the rate of `.1,65,000/- per are. The Cross Objection is accordingly, allowed. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
True copy Sd/- P.V.ASHA (JUDGE) P.A to Judge