IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 LA.App..No. 2422 of 2008() -------------------------- LAR.299/1994 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): ADDITIONAL CLAIMANTS 2 TO 9 IN LAR ------------------------------------------------ 1. BARBARA, W/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 2. AUGUSTINE, S/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 3. JOSEPH, S/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 4. MARY ALIAS BABY, D/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 5. VARGHESE, S/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 6. ELEESA ALIAS ELSY, D/O.AUGUSTINE RAPHEL, KURISUMVEETTIL, CHERANELLOOR. 7. ANNA ALIAS LILLY, D/O.AUGUSTINE RAPHEL, KURISUMVEETIL, CHERANELLOOR. 8. XAVIER, ALIAS DAVIS, D/O.AUGUSTINME RAPHEL, KURISUVEETTIL, CHERANELLOOR. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): --------------- STATE OF KERALA, THE SPECIAL TAHSILDAR (LA) NH NO.1,ERNAKULAM, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.C. HARI RANI, JJ. ----------------------------------------------- LAA. No. 2422 OF 2008 ----------------------------------------------- Dated this the 22nd day of January, 2009 J U D G M E N T Pius C.Kuriakose, J. This appeal by the claimants pertains to acquisition of land in Cheranalloor Village, for the construction of Varapuzha bridge and approach road pursuant to a notification under section 4(1) published on 8-2-1991. The land acquisition officer included the property under acquisition in category No.4 and awarded the land value at the rate of Rs.8040/- per Are. The reference court did not become inclined to grant any enhancement on the reason that there was no evidence to justify any enhancement. Ext.A3 common judgment of the same reference court has been produced before us. Ext.A3 is a common judgment relating to various land acquisition reference cases pertaining to the very same acquisition including cases in which the land acquisition officer had awarded land value at the rate of Rs.8040/- per Are including the properties in category No.4. It is seen that in all the cases relating to acquisition of land in category No.4 wherein the L.A. Officer had awarded land value of Rs.8040/- per Are the reference court has re-fixed the compensation at Rs.19,760-, thus awarding an enhancement of Rs.11,720/- per Are. Justice demands LAA. N0. 2422/08 -2- that the properties which have been treated to be of the same value by the L.A. Officer for the purpose of his original award are treated equally by the reference court also in the matter of re-fixation of land value. In fact the legislative objective which underlies provisions like section 28A is also to ensure that the same rate of land value is awarded in respect of lands acquired pursuant to the same section 4 (1) notification for properties of equal value. We follow Ext.A3 which has obviously attained finality and re-fix the value of the appellant's acquired lands at Rs.19,720/- per Are. The result therefore is as follows: The appeal will stand allowed. The appellant is awarded land value at the rate of Rs.19,760/- per Are for his acquired property. The appellant will also be entitled for all the statutory benefits admissible under section 23(2), 23(1-A) and section 28 of the Land Acquisition Act. However, the parties will suffer their costs throughout. (PIUS C.KURIAKOSE, JUDGE) ( M.C. HARI RANI, JUDGE) ksv/- LAA. N0. 2422/08 -3-