IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 LA.App..No. 387 of 2010 -------------------------------------- AGAINST THE JUDGMENT AND DECREE DATED 21/02/2009 IN LAR.90/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1: --------------------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. LATHA THANKAPPAN. RESPONDENT(S): CLAIMANTS 1 & 2: --------------------------------------------------- 1. A.R.RAJEEV, S/O.RAVEENDRAN, AMBILY, TC 2/3066, MANGANNOORKONAM, MADATHUVILAKOM MURI, PATTOM VILLAGE, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- L. A. A. NO. 387 OF 2010 ------------------------------------------ Dated this the 5th October, 2010. JUDGMENT K.M. Joseph, J. An extent of 13.30 Ares of land in R.S.No.563/7 of Peroorkada Village was acquired for the purpose of expansion programme of composite group and IISU of ISRO. The Notification was issued on 22.04.2004. The Land Acquisition Officer fixed the land value at Rs.17,923/- per Are. The Reference Court enhanced the land value at Rs.5,00,000/= per Are. It is aggrieved by the same that the State is before us. On the basis of the notice issued on admission, we heard the learned counsel appearing for the first respondent and also the learned Senior Government Pleader. According to the learned Senior Government Pleader, the matter must be treated as covered by the Judgment of a Division Bench of this Court in LAA.No.359 of 2010. We extract LAA.NO.387/2010 2 the said Judgment hereunder: “We are of the view that the issue raised by the Government in this appeal is covered to a considerable extent in favour of the Government by our own judgment in LAA.No.411/2010. Relying on what we have said in that judgment we refix the market value of the land at Rs.2,05,000/= per Are. Respondent will be entitled for all statutory benefits. Appeal is allowed as above, however without any order as to costs.” 2. As is clear from a perusal of the Judgment, the learned Judges followed the earlier Judgment in LAA.No.411/2010. Learned Senior Government Pleader would submit that the land in this case which was characterised as G Category by the Land Acquisition Officer is to be compensated with the market value of Rs.2,05,000/= per Are as was done by the Division Bench. Per contra, learned counsel for the first respondent would submit that the categorisation itself was not correct. He would also submit that Ext.A1 document was proved and the claimant gave evidence as LAA.NO.387/2010 3 AW1 and there was no contra evidence by the State and the burden is on the State. 3. We notice from the Judgment in LAA.No.411/2010, which is purportedly followed by the Division Bench in LAA.No.359/2010, that Ext.A1 which is relied on by the first respondent in this case, was also produced and proved as Ext.A1 in LAA.No.411/2010. Therefore, it is the very same document which was considered by the Court. We notice that there is nothing in the Judgment to indicate that the respondent has challenged the categorisation of the land under Category G. In other words, there is nothing to show that the respondent seriously disputed the categorisation of the land under Category G. There is no dispute by the counsel for the first respondent that the land involved in LAA.No.359/2010 was also categorised as G. If that is so, the factual situation is that for Category G land, this Court has refixed the market value at Rs.2,05,000/= per Are. We see no reason why we should not follow the same and we follow the Judgment in LAA.NO.387/2010 4 LAA.No.359/2010 and refix the market value of the land at Rs.2,05,000/= per Are. The first respondent will also be entitled to all statutory benefits. The Appeal is allowed as above. However, there will be no order as to costs. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge