IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 768 of 2010(B) ------------------------------- LAR.62/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. JAGADEESH, PISHARATH MADOM, VECHOOR VILLAGE, VAIKOM. 2. PADMINI JAGADEESH, PISHARATH MADOM, VECHOOR VILLAGE, VAIKOM. BY ADV. SMT.ROSE MICHAEL RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. BY THE SPL. TAHSILDAR (LA), RAILWAYS ERNAKULAM. PIN 682 016 2. SOUTHERN RAILWAY REP. BY ITS DEPTY. CHIEF ENGINEER, RAILWAYS, ERNAKULAM. PIN 682016. ADV. SRI.M.C.CHERIAN,SC,RAILWAYS FOR R2 GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.768 of 2010 ------------------------------------------------ Dated this the 14th day of January, 2011 JUDGMENT Pius C. Kuriakose, J This is an appeal preferred by the claimant whose properties in Kureekkadu village were acquired by the Government for the purpose of doubling of Railway Track between Ernakulam and Mulanthuruthi. The Land Acquisition Officer awarded land value at the rate of Rs.23,704/- per Are. The Reference Court under the impugned judgment would re-fix the land value at the rate of Rs.73,710/- per Are. In this appeal various grounds are raised and strong reliance is placed on the judgment in LAR.58/06. It is submitted by Smt.Rose Michael, the learned counsel for the appellants that this Court considering an appeal has re-fixed L. A. A. No.768 of 2010 -2- value of the land in that case at Rs.1,20,000/- per Are. According to the learned counsel, the appellant is entitled for the same value as is given by this Court to that property which belong to a Church. She wanted us to take due note of the principles underlying Section 28A and submitted that the Land Acquisition Officer had awarded the same rate for the Church property and for the property of the appellant. 2. All the submissions of Smt.Rose Michael were forcefully resisted by Sri.M.C.Cherian, the learned Standing Counsel for the Railways. The learned counsel would draw our attention to the evidence adduced by the appellants which is to the effect that the appellant's property is comparable not to the Church property but to the property belonging to one Kaveri for which property this Court has fixed only a still lesser value. 3. Having considered the rival submissions addressed L. A. A. No.768 of 2010 -3- at the Bar and having made a quick survey of the evidence on record, we feel that there is every justification for re- fixing the value of the land in this case at Rs.90,000/- per Are. It is accordingly, re-fixed. The appeal will stand allowed to that extent. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. While calculating the interest under Section 28 this Court will take due note of the order passed on 03/08/10 in C.M.Application No.1175/10. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.768 of 2010 -4-