Ramachandran Nair, J.,
These appeals have been filed in respect of the awards made by the Land Acquisition Officer at the rate of `.26,192/- which has been enhanced by the reference court by adopting land value varying from `.1,62,000/- to `.2,00,000/-. We will refer to the bare facts to the disposal of the appeals. The acquisition is for the same purpose for widening the M.C.Road under Kerala State Transport Project . The acquired lands come within the 1st category adopted by the Land Acquisition Officer.
2. In L.A.A. 959/09 the notification under Section 4(1) is dated 21.7.2003. The Land Acquisition Officer awarded land value at the rate of `.26,192/- and the same has been enhanced by the reference court at the rate of `.2 lakh per are. It is a common judgment from LAR Nos.366/2005 and 3/2006. L.A.A. 959/2009 is from the judgment in LAR No. 366/2005.
3. L.A.A . No. 529/ 2012 is from the judgment in LAR No.
348/2005 wherein the land value has been enhanced by the reference court to `.1,60,000/- per are. In L.A.A. 222/2012, the land value has been enhanced to `.1,60,000/- per are. In L.A.A. No. 306/2012, the land value is enhanced to `.1,60,000/- per are. In L.A.A. 562/2012 the land value is enhanced to `. 1,60,000/- per are. In L.A.A. 586/2012, the land value is enhanced to `. 2 lakh per are. In L.A.A. 168/2012 the land value is enhanced to `.1,60,000/- per are. The notification under Section 4(1) are on 7.1.2003 and 21.7.2003.
4. The learned Sr. Government Pleader Sri. Alosius Thomas submitted that there is no justification for fixing land value at the rate of `.1,60,000/- per are. According to him, different considerations have been taken by the reference court. It is submitted that the judgments in different L.A.R cases of the same court have been relied on without referring to the distance from the acquired property and without adverting to the fact that in some of the cases, the purpose of acquisition is for Adoor bye pass road; the land value has been enhanced by the reference court.
5. The learned counsel appearing for the respondents in L.A.A. No. 959/09 submitted that as far as these acquisitions are concerned, in two of the appeals which came before this Court as L.A.A. 210/2012, which is an appeal from the decree in LAR 346/05, this Court re-fixed the land value at the rate of `.1,65,000/- from `.1,75,000/- awarded by the reference court. In judgment in L.A.A. 566/2012, this Court has granted the land value at the rate of `.1,75,000/- per are. The same was from the judgment in L.A.R. 3/2006 of the same Sub court which reference case was disposed of along with LAR No. 366/2005 by a common judgment.
6. The learned counsel further submitted that as far as the acquired property in LAR No. 366/2005 is concerned it is only 1 km from Adoor town. There are various important institutions in the nearby locality in and around the acquired property.
7. Our attention was invited to Exts.C1 to C3-mahasar report and the sketch prepared by the commissioner. What we find from paragraph 3 of the report C2 is that the acquired property is on side of the M.C. Road. It is opposite to an ITC. There are important institutions like College, Police head quarters, transport bus stand, Village Office, Panchayat office, Vetinerary hospital, Post Office, Jacobite Church, Vadakkadathukavu Devi Temple, Federal Bank, Munsiff-Magistrate courts, Revenue Divisional Office etc. which are stated to be situated 1 km in and around from the acquired property.
8. As far as the properties involved in the other land acquisition references are concerned, they also come within the first category.
9. In the light of the judgments of this Court, viz in L.A.A.
566/12 & L.A.A. 210/2012, we will be justified in adopting the rate of enhancement granted by this Court in those cases since the notification under Section 4(1) is of the same date and the category of land is also the same, wherein the Land Acquisition officer has fixed the land value at the rate of `.26,192/- per are. Of course, in L.A.A. 210/2012 the land value has been re-fixed at `.1,65,000/-, in the light of the judgment in L.A.A.959/09. Infact the judgment in L.A.A. 959/09 was reviewed. But still in the light of the judgment in L.A.A. 566/2012, which is from the judgment in L.A.R. No. 3/2006 which was disposed of along with L.A.R. No.366/05, we will be justified in adopting the method adopted by the Division Bench in that case also.
10. Therefore, in all cases, where the land value has been fixed at `.1,60,000/- per are, we find no reason to interfere with the judgment of the reference court. As far as the L.A.A. 959/09 & L.A.A. No. 586/2012 is concerned, the land value fixed by the reference court is at the rate of `. 2 lakh per are. In L.A.A. 959/09, apart from the locational importance, it is submitted that Exts.A1 and A2 will show that, there was an automobile workshop and one S.T.D. Booth in the acquired property. Therefore, we adopt the land value fixed by this Court in Judgment in L.AR. 566/2012 viz., at `.1,75,000/- per are and refix it accordingly in respect of the acquired property in L.A.A. 959/09. The appeal is allowed to that extent.
11. We find from the judgment of the reference court in L.A.R. No. 149/06 from which L.A.A. 586/2012 has been filed by the State, that the acquired property is situated only 1 km away from the town and important institutions viz., Vadakkadathukavu Devi Temple, St.Ignathios Church, Erathu Panchayat Office, Village Office, Veterinary Hospital, Petrol pump, match-box company etc. are situating just close to the acquired land and hence it is having potential value. It is also stated that various shops are situated very close to the acquired land. Taking into consideration those advantages also, we re-fix the land value at `.1,75,000/- per are in the said case also and the appeal is allowed to that extent. With regard to the remaining appeals, we confirm the fixation of land value by the reference court and all the appeals are dismissed.
No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
True copy Sd/- P.V.ASHA (JUDGE) P.A to Judge