IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 LA.App..No. 1503 of 2008() -------------------------- LAR.450/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/CLAIMANTS: -------------- JOSE FRANCIS, W/O M.C. FRANCIS, MANNULLY HOUSE, S.A. ROAD, KADAVANTHARA P.O., KOCHI 682 020. BY ADV. SMT.SANTHAMMA ISSAC SRI.N.C.THOMAS SRI.CHERIAN THOMAS SMT.ANU THANKAM MATHEW RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI 682 030. 2. SPECIAL TAHSILDAR, LAND ACQUSITION KOCHI CORPORATION, VYTTILA, KOCHI 682 019. 3. THE SECRETARY, CORPORTION OF KOCHI, ERNAKULAM, KOCHI 682 011. ADV. SRI.S.RAMESH BABU, SC.COCHIN CORPN. FOR R3 BY GOVT.PLEADER SMT.LAHTA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, ALONG WITH L.A.A. NO.1505/2008 AND CONN. CASE THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.Nos.1503,1505 &1506/2008 ------------------------ Dated this the 6th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. Heard Smt. Santhamma Issac, learned counsel for the appellants, Sri.S.Ramesh Babu, learned standing counsel for the Cochin Corporation and Smt.Latha T.Thankappan, learned senior Government Pleader. 2. All these are appeals preferred by the claimants whose lands were acquired pursuant to Section 4(1) notification published on 13/10/2004. The properties were situated between Kadavanthara junction and Elamkulam junction within the limits of the Cochin Corporation and the acquisition was for the purpose of improvement of the Sahodaran Ayyappan Road. The land acquisition officer awarded land value at the rate of Rs. 6,17,250/- per Are. Under the impugned judgment, the reference court refixed the land value at Rs. 8,64,150/- per Are corresponding to Rs.3,49,858/- per cent. Even though several grounds have been raised in these memoranda of appeals and LAA.No.1503/2008 & conn.cases. 2 Smt.Santhamma Issac, learned counsel for the appellants, has addressed us on all those grounds, only one of her submissions appeals to us. She submitted that this court by judgment in L.A.A. No.197/2009 has approved refixation of the market value by the same reference court in cases where same rate of value was awarded by the land acquisition officer at Rs.9,87,600/- per Are. In fact, a copy of the judgment in L.A.A. No.197/2009 authored by one of us ( PCK(J)) is made available. A reading of that judgment shows that this court approved the refixation of land value for identical lands at Rs.9,87,600/- per Are. That means that there is no justification of denying the benefit of such refixation to the appellants also. We therefore, set aside the judgment and decree under appeals and modify and refix the market value of the land under acquisition at Rs.3,99,676/- per cent corresponding to Rs.9,87,600/- per Are. All these appeals will stand allowed to the above extent, but without any order as to costs. It is made clear that the appellants will be entitled for all statutory benefits under Section 23 (2), 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by LAA.No.1503/2008 & conn.cases. 3 virtue of our refixation of the land value under this judgment. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk