IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 LA.App..No. 1400 of 2009(D) --------------------------- LAR.117/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS/CLAIMANTS: -------------- 1. PARVATHY AMMA, W/O.LATE BHASKARAN NAIR, GEETHA SADANAM, NELLIKKODE AMSOM KOZHIKODE TALUK, KOZHIKODE DIST. 2. GEETHA, D/O. LATE BHASKARAN NAIR, GEETHA SADANAM, DO- DO- 3. GIREESH, S/O.LATE BHASKARAN NAIR, DO- DO- 4. PREETHA, D/O.LATE BHASKARAN NAIR, DO- DO- 5. PRASEETHA, D/O.LATE BHASKARAN NAIR, DO- DO- BY ADV. SRI.C.CHANDRASEKHARAN SRI.K.SANEESH KUMAR RESPONDENT/RESPONDENT: --------------- THE SPECIAL TAHSILDAR (LA), NH NO.1, KOZHIKODE. GOVERNMENT PLEADER SMT R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1400 of 2009 ---------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimants are in appeal. Their wet land in Chevayur Village was acquired by the Government pursuant to Section 4(1) notification published on 9.12.1993 for the purpose of construction of Kozhikode Bye-pass. The Land Acquisition Officer awarded land value at the rate of Rs.3,427/- per cent. Reference court under the impugned judgment re-fixed land value at Rs.15,000/- per cent. Our attention is drawn by Mr.Chandrasekharan, learned counsel for the appellants to our own judgment in LAA.No.774/2006. It is seen from that judgment that we have re-fixed land value of identical wet lands acquired for the same purpose pursuant to same notification in the same village at Rs.50,000/- per cent. Necessarily this appeal has to be L.A.A.1400/09 2 allowed to the extent of re-fixing value of land at Rs.50,000/- per cent. We allow the appeal awarding land value at Rs.50,000/- per cent for the land under acquisition. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23 (2) and 28 of the Land Acquisition Act. Appeal will stand allowed but without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb