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 7TH APRIL 2010 / 17TH CHAITHRA 1932 LA.App..No. 284 of 2009() ------------------------- LAR.138/2000 of SUB COURT, PAYYANNUR .................... APPELLANT/SUPPL. RESPONDENT NO.2: -------------- THE SECRETARY, PAYYANNUR MUNICIPALITY, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.T.POULOSE (KORATTY) RESPONDENT(S)/PETITIONER/1ST RESPONDENT: --------------- 1. KANDAMBATH APPADE VEETIL VIJAYA LAKSHMI, SEEJA NIVAS, VELLUR AMSOM AND ANNUR DESOM, P.O. KANNUR - 670 332, VIA PAYYANNUR, KANNUR DISTRICT. 2. THE SPECIAL TAHSILDAR (LAND ACQUISITION), THALASSERY, KANNUR DISTRICT. ADV. SRI.MAHESH V RAMAKRISHNAN FOR R1 R2 BY SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 284 of 2009 ------------------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T Pius C. Kuriakose, J. Heard the learned counsel for the appellant requisitioning authority and the learned counsel for the claimant respondent. Under the impugned judgment the court below has re-fixed the value of the land under acquisition at Rs.15,000/-. Our attention is drawn by the learned counsel for the appellant to the judgment of this court in LAA. No. 1104 of 2005 and connected matters. Counsel submitted that under that judgment this Court has approved the re-fixation of the value at Rs.10000/- per cent only. According to him, there is no justification for granting value at the rate of Rs.15,000/- for the property under acquisition in this case. The counsel for the respondent submitted that the land under acquisition in the present case was superior to the land covered by the common LAA.284/09 - 2 - judgment. According to him, the land here was having road frontage and was situated very near to the important areas of Payyannur Town. Counsel also submitted that a higher rate had been granted by the LAO himself for the land under acquisition in this case. We notice that while the LAO awarded land value at the rate of Rs.2771/- per cent for the lands covered by the common judgment, in the present case the LAO awarded Rs.2798/- per cent. We further notice that the court below found that the land involved in the present case was enjoying direct frontage of the road and was situated very near to the important commercial areas of Payyannur Town. Taking all these aspects into account we are of the view that the claimant/respondent in the present appeal is entitled for a value much higher than the rate of Rs.10000/- granted under the common judgment. We modify the impugned judgment and decree refixing the value of land under acquisition at Rs.12,500/- per cent. The LAA.284/09 - 3 - appeal stands allowed to the above extent. The claimant/ respondent is entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-