IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 LA.App..No. 1353 of 2009() -------------------------- LAR.76/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): -------------- SAJ JACOB, S/O. CHACKO, PULIMOOTTIL HOUSE, OLAMATTOM THODUPUZHA. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR IDUKKI. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, ALONG WITH LAA.1355/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. Nos. 1353 and 1355 of 2009 C ``````````````````````````````````````````````````````` Dated this the 13th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. Their land situated in Thodupuzha and Manakkadu villages within the area of Thodupuzha Municipal Town was acquired for the purpose of construction of Thodupuzha by-pass. The relevant Section 4(1) notification was published on 12-06-2002. The Land Acquisition Officer awarded land value at the rate of Rs.17,561/- per Are corresponding to Rs.7,286.722 per cent. Before the reference court, the claimants placed reliance mostly on Ext.A2 judgment of this Court dated 27-11-2008. Under Ext.A2 judgment, this Court, dealing with cases of acquisition of land in Thodupuzha and Manakkadu villages acquired pursuant to notification of the year 1999, refixed the value of land at Rs.50,000/- per cent. The reference court did not place reliance on Ext.A2 for the reason that Ext.A2 was in respect of a different Section 4(1) notification and LAA.1353&1355/09 : 2 : the property covered by Ext.A2 was situated in a different area. On this appeal coming up for admission, as directed by us, notice is taken by Sri.Basant Balaji, learned senior Government Pleader. The learned counsel for the appellants submitted that the court below was not justified in ignoring Ext.A2. The learned Government Pleader would bring to our notice the judgment of this Court in L.A.A.No.1186/2009, wherein this Court dismissed the government's appeal and thereby confirmed the judgment of the reference court refixing land value at the rate of Rs.57,734/- per Are. According to the learned Government Pleader, in order that the parity is maintained between the values awarded to persons whose properties were treated equal in value by the Land Acquisition Officer, this Court may not grant more than the above rate to the appellants. Under the above judgment, we only dismissed the appeal preferred by the government. We notice judgment of this Court in State of Kerala Vs. Jose Simon [2009 (1) KLT 760] and large number of other judgments of this Court pertaining to acquisition of land in Thodupuzha and Manakkadu villages on properties situated within the area of Thodupuzha LAA.1353&1355/09 : 3 : Municipal Town acquired pursuant to notifications of 1999 and 2000. Under Ext.A2, the appellants ought to have been given proportionate value by the learned Sub Judge. Ext.A2 was also in respect of property in the same Municipal town. The acquisition in Ext.A2 was three years prior to the acquisition in the present case. Thodupuzha is a Municipal Town and even applying the principles laid down by the Supreme Court in G.M.Oil & Natural Gas Corporation Ltd. Vs. Rameshbhai Jivanbhai Patel & Another [2008 SAR(Civil) 894], there is a situation for giving additions every year at rates between 10% and 15%. In the instant appeals, the appellants have confined their claims to Rs.50,750/- per cent. We are of the view that having regard to the decision taken by this Court in State of Kerala Vs. Jose Simon and in other cases pertaining to acquisition of land in Thodupuzha and Manakkadu villages, pursuant to notifications of the year 1999-2000, there is every justification for allowing these appeals substantially. Accordingly, in modification of the judgments under appeal, we refix value of the lands under acquisition at Rs.50,000/- per cent. Needless to mention that the appellants will be entitled for all LAA.1353&1355/09 : 4 : statutory benefits admissible under law for the enhanced compensation to which they become eligible by virtue of this judgment. Appeals are allowed as above. Parties are directed to suffer their costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks