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 9TH OCTOBER 2009 / 17TH ASWINA 1931 LA.App..No. 413 of 2002(B) -------------------------- LAR.255/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S)/B CLAIMANT IN LAR 255/97: ------------------------------------------------- SALIM KUMAR, S/O. KARTHIKEYAN, NAMBOODIRIPARAMBIL, PERUMPADANNA MURI, N. PARUR. BY ADV. SRI.G.PRABHAKARAN SRI.T.P.SAJAN SRI.L.ALOYSIUS THOMAS RESPONDENT(S)/RESPONDENTS AND A CLAIMANT: ------------------------------------------------------ 1. THE STATE OF KERALA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (LA), N.H.NO.IV, N. PARUR. 3. PADMA, W/O. RADHAKRISHNAN, RESIDING AT SIVARENJINI, KUNJAVU PARAMBIL, N. PARAVUR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.413 OF 2002 ------------------------ Dated this the 9th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. She was 'B' claimant before the Reference Court. The property in Paravur village within the area of the North Paravur Municipal town, was acquired for for the purpose of widening of N.H.17. The Land Acquisition Officer awarded land value at the rate of Rs.22,369/- per Are including the same in category 4. The Reference Court under the impugned judgment refixed the land value at Rs.24040/- per Are only. The ground, which is prominently raised by the appellant in this appeal, is that the court below ought to have refixed the land value at Rs.39,680/- per Are on the basis of the judgment of the same Reference Court in another case pertaining to the same acquisition and of properties included in the same category. 2. We have heard the submissions of L.Aloysious Thomas, learned counsel for the appellant and those of Smt.Latha T.Thankappan, learned senior Government Pleader. Our attention was drawn by Sri.Aloysious Thomas to the judgment of LAA.No.413/2001 2 this court in L.A.A. No.220/2001. He submitted that in view of that judgment, there is every justification for allowing the appeal and refixing the market value at Rs.39680/- per Are. He submitted further that it is clear from the impugned judgment itself that extent of the property acquired from the 'B' claimant is One Are and 586 Sq.feet. So, refixed compensation in respect of so much of land be awarded to the appellant. 3. Smt.Latha T.Thankappan, learned senior Government Pleader submitted that the judgment of this court in L.A.A. No.220/2001 has attained finality. We notice that under that judgment, this court has approved refixation of the market value of lands included in category 4 from Rs.21369/- per Are to Rs.39680/-. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.39,680/-. We clarify that the appellant will be entitled for the value at the above rate for one Are and 586 Sq.feet of land acquired from his possession. It is also clarified that the appellant will be entitled for all statutory benefits admissible under law for the total enhanced compensation to which he becomes eligible by virtue of this judgment. LAA.No.413/2001 3 The appeal is allowed as above, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk LAA.No.413/2001 4 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.413 OF 2002 ------------------------ JUDGMENT 9th October, 2009