IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 LA.App..No. 181 of 2011(A) ------------------------------- LAR.160/2003 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANTS ------------------------------- 1. THOMAS, S/O.CHERIYA, PADINJARE KONETH, MATTAKUZHI. 2. CHINNAMMA, D/O.CHERIYA, PADINJARE KONETH, MATTAKUZHI. BY ADV. SRI.T.A.SHAJI SRI.K.C.PAULOSE SMT.MALU JOHN RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682030. 2. THE LEGAL OFFICER (SUCRETARIAT), KOCHI REFINERIES LIMITED, KUNDANNUR, MARADU, P.B.NO.2, PIN-682304. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN SRI.E.K.NANDAKUMAR, SMT.THUSHARA JAMES THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2011 A/W LAA.193/11 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ L. A. A. Nos.181, 193 & 194 of 2011 ------------------------------------------------ Dated this the 28th day of March, 2011 JUDGMENT Pius C. Kuriakose, J All these appeals are preferred by the claimants whose land in Thiruvaniyoor village were acquired for the purpose of expansion of Kochi Refineries Ltd., the second respondent. The acquisition was pursuant to Section 4(1) notification published on 04/11/00. The Land Acquisition Officer awarded land value at the rate of Rs.29,000/- per Are including the properties in category-4. The Reference Court on considering the evidence which was adduced by the parties re-fixed the value at Rs.38,200/- per Are. 2. In these appeals, it is urged that the enhancement granted by the Reference Court is inadequate. Our attention is drawn by Sri.T.A.Shaji, the learned counsel for the L. A. A. No.181 of 2011 & con. cases -2- appellants to the judgment of this Court in L.A.A.248/08 & connected cases to which one among us [PCK(J)] is party. It is not disputed that the above judgment has attained finality. On going through the above judgment, we find that the issue raised in these appeals is covered to a certain extent in favour of the appellants by the above judgment. Under the above circumstances, relying on the above judgment, we re-fix the value of land under acquisition at Rs.42,650/- per Are. All the appeals are allowed as above. The appellants/claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted and provisions is made for interest under Section 28, the Section will have due regard to the conditions imposed by this Court while condoning the delay. Decree copy will be issued to the appellants only after ensuring that all the conditions imposed by this Court vide L. A. A. No.181 of 2011 & con. cases -3- order in C.M.P Nos.380/11, 394/11 and 396/11 while condoning the delay have been complied with and further that the full court fee payable on the appeal memorandum are remitted by the concerned appellants. 3. All the appeals are allowed as above, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/-