IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 LA.App..No. 198 of 2010(D) ------------------------------------- LAR.21/2008 of SUB COURT, VADAKARA .................... APPELLANT(S): CLAIMANT: ---------------------------------------- M.BALAKRISHNA KURUP, S/O.KUNHIRAMA KURUP MARUNNOLI, PUDUPPANAM, VATAKARA, KOZHIKODE DISTRICT, KERALA STATE. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. THE SPECIAL TAHSILDAR, (LA), NH KOZHIKODE CIVIL STATION. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. GOVERNMENT PLEADER, SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.198 of 2010 ------------------------------------------------ Dated this the 3rd day of March, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His property in Nadakkuthazha village was acquired for the purpose of construction of a bridge on the National Highway. The acquisition was pursuant to Section 4(1) notification published on 10/04/05. The Land Acquisition officer awarded land value at the rate of Rs.22,291/- per cent. The Reference Court under the impugned judgment would re-fix the land value at the rate of Rs.37,500/- per cent. The ground which is prominently raised is that in a connected matter covered by Ext.A2, the market value was re-fixed at Rs.50,000/- per cent. The claim in the present appeal is L. A. A. No.198 of 2010 -2- confined to a further compensation of Rs.30,000/- per cent. 2. Having heard the submissions of Sri.B.Krishnan, the learned counsel for the appellant and Smt.T.T.Josephina, the learned Government Pleader, we feel that the issue raised in this appeal is covered in favour of the claimant. This Court by its judgment in L.A.A.1457/09 has re-fixed the value of identical land at Rs.60,000/- per cent. In the instance case, as the claim is limited to Rs.50,000/- per cent, the appellant cannot aspire for more value. We allow the appeal to the extent of re-fixing the market value of the land under acquisition at Rs.50,000/- per cent. Enhanced compensation will be calculated on that basis. The appellant will be entitled for all statutory benefits also. However, while provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this Court in C.M. Application No.353/2010. L. A. A. No.198 of 2010 -3- 3. The appeal is allowed, however without any order as to costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-