Asha, J. This appeal is filed by the State against the judgment and decree in L.A.R. No.136/2007 of the II Addl. Sub court, Thiruvananthapuram alleging that the land value fixed by the court below is excessive.
2. An extent of 0.50 ares of land in Sy. No.1217/2-1/2 in Vanchiyoor Village, Thiruvananthapuram Taluk owned by the 1st respondent, was acquired for widening of LMS - Attakkulangara road for TRIDA based on notification under Section 4(1) of the Land Acquisition Act dated 6.8.2005. The land was taken possession on 24.3.2007. The Land Acquisition Officer passed an award fixing land value at Rs.4,11,665/- per are. The court below enhanced the land value to Rs.24,70,000/- per are.
3. The respondent claimed that the acquired property is located very near to several prominent institutions like Post Office, Secretariat, Government Press, General Hospital, Accountant General's office, District Treasury, State Bank of India, etc and the market value was sought to be enhanced to Rs.25 Lakhs per cent, considering the advantages and importance of the location. The court below, found that the land value fixed by this Court in L.A.A. 1330/2005, in respect of the property which was taken over as per notification dated 14.5.1997 was Rs.9 Lakhs and that property near over bridge, acquired for widening M.G Road was near to the land acquired in this case. Seeing that there is a difference of 8 years for the present acquisition, the value of the property was enhanced to Rs.24,70,000/- per are, in the light of the judgment reported in {(2004) 2 SCC 283) reckoning the difference in value with reference to the year of acquisition.
4. The Government has filed this appeal on the ground that the court below ought to have fixed the land value at Rs.4,11,665/- as fixed by the Land Acquisition Officer. It was further alleged that this Court in the judgment in L.A.A. No.459/2011 wherein also the property was acquired from the same area and on the basis of the very same notification, the land value was re-fixed at Rs.23,76,000/- per are in the place of Rs.24,70,000/- .
5. We heard the learned Counsel appearing on either side. It is seen that the property which was the subject matter of L.A.A.No.459/2011 was also acquired for the purpose of widening of LMS - Attakulangara Road on the basis of notification dated 6.8.2005, as in this case. There also, the reference court had refixed the land value at Rs.24,70,000/- per are. In that case this Court, relied on the judgment of this Court in L.A.A.No.2008/2008 and Cross Objection No.12/2010 and also the judgment in L.A.A.Nos.462/2010 and 319/2011 in which the market value was refixed at Rs.21,60,000/- per are. As the date of notification in that case one year before that of the present case, this Court refixed the land value at Rs.23,76,000/- per are, adding 10% enhancement on the basis of the date of Section 4(1) notification. As the property acquired in the present case is also similar and adjacent to it and acquired for the very same purpose, we find it necessary to refix the land value in this case at Rs.23,76,000/- per are.
6. Therefore we allow the appeal refixing the land value at Rs.23,76,000/- per are. It is seen that an interim order was passed by this Court on 4.4.2013 in I.A. No.1417/2012, directing the appellant to deposit 50% of the amount awarded. The said amount was allowed to be withdrawn by the claimant. In view of the above fact, we direct that the amount due to the claimant need be paid only after deducting the said amount covered by the interim order.
No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/