15% land value escalation reduced to 10% to align with precedent in identical acquisition cases.

J U D G M E N T

Challenge in this appeal is against the judgment and decree dated 11.04.2025 in L.A.R No.132 of 2013 of the Sub Court, Thodupuzha. For widening of Thodupuzha Ramamangalam Road (Reach – II), an extent of 0.0110 Hectors of land in Block No.11 of Manakkadu village was acquired from the respondent. Dissatisfied with the compensation granted by the Land Acquisition Officer, respondent sought reference under Section 18 of the Land Acquisition Act, 1894 . The reference court enhanced the land value and fixed it at Rs.2,76,602/- per Are relying on Ext.A5 sale deed. Claimant was not satisfied with the enhancement granted by the reference court. L.A.A.No.132 of 2013 was filed before this Court by the claimant. This Court found that the reference court relied on a post notification sale deed for the purpose of fixing the land value and set aside the judgment and decree for the said reason. After the remand, the learned Sub Judge considered the reference afresh. The market value was determined by applying 15% escalation on the land value fixed in Ext.A2 judgment in L.A.A.No.1063 of 2004 of this Court. The base year was omitted for the purpose of applying escalation.

2. In L.A.A. No.24 of 2024 and connected cases, this Court held that escalation granted in identical cases at the rate of 15% was excessive. It was scaled down to 10%. Therefore, following the judgment in L.A.A. No.24 of 2024 , the escalation granted in the instant case at the rate of Rs.15% is scaled down to 10%. The reference court has omitted the base year for the purpose of applying escalation. Hence no interference is warranted regarding the same. In the result, the appeal is disposed of by reducing the escalation granted by the reference court to 10%. The respondent shall be entitled for all the statutory benefits.