IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 LA.App..No. 682 of 2009() ------------------------- LAR.12/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA THROUGH DISTRICT COLLECTOR, KOLLAM. BY SENIOR GOVERNMENT PLEADER SRI. BASANT BALAJI RESPONDENT(S): --------------- 1. GRASSY, W/O. GERALD EDWERD, PULIYATHU VEEDU, MANGAD P.O.KOLLAM. 2. BINU JERALD,S/O. GERALD EDWERD PULIYATHU VEEDU, MANGAD P.O.KOLLAM. 3. BINTA JERALD, D/O. GERALD EDWERD PULIYATHU VEEDU, MANGAD P.O.KOLLAM. ADV. SRI.S.SUDHEESHKAR FOR R1 SRI.PRATHEESH.P THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.682 of 2009 ---------------------------------- Dated this the 6th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. Government is in appeal. Property under acquisition was in Mangad Village and acquisition was for the N.H. Bye-pass. Relevant Section 4(1) notification was published on 11.11.1992. Land Acquisition Officer awarded land value at the rate of Rs.11,022/- per Are. Reference court under the impugned judgment relied on Ext.A1 judgment and re- fixed the land value at Rs.22,000/- per Are. It is submitted by Sri.Basant Balaji, Senior Government Pleader that this court in L.A.A.383/2007 has approved the re-fixation of value of identical land acquired for the same purpose at Rs.24,700/- per Are. The above submission is not disputed by the learned counsel for the respondents. We are of the view that in order that parity is maintained amongst the claimants who were awarded the same rate by the Land Acquisition Officer we should L.A.A.682/09-A 2 follow the judgment in L.A.A.383/2007. Accordingly relying on the judgment in L.A.A.383/2007 we modify the impugned judgment and decree at Rs.24,700/-. The appeal is allowed to the above extent. The respondents will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. But it is clarified that the additional amount under Section 23(1A) will be admissible only from the date of Section 4(1) notification till 7.11.1995. Parties are directed to suffer costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb