IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 LA.App..No.212 of 2008 (C) ------------------------------- LAR. NO.91/1991 OF ADDL. SUB COURT, KOLLAM APPELLANT(S): CLAIMANT ------------------------------- GOMATHI AMMA, VADAKKEKARA KOCHU PUTHEN VEEDU, PALLIMON CHERRY, PALLIMON VILLAGE, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): RESPONDENT ------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-13. GOVERNMENT PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.212 of 2008 ------------------------------------------------ Dated this the 14th day of July, 2009 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal and the main grievance which is highlighted by him is that the court below despite purporting to rely on Ext.A1 judgment has chosen to fix only a lesser value than what is awarded under Ext.A1 for claimants whose lands were included in inferior categories. 2. Having regard to the submission of Sri.Suresh Kumar, the learned counsel for the appellant and those of Smt.Sumangala, the learned Government Pleader, we are of the view that there is an element of genuineness in the grievance voiced by the appellant. Ext.A1 judgment was admittedly relevant being in L. A. A. No.212 of 2008 -2- respect of the very same acquisition and all properties in the same village. Ext.A1 has become final in the sense that the appeal preferred by the Government in Ext.A1 was dismissed. Under Ext.A1 the properties in inferior cateogries, the value was fixed by the Reference Court at Rs.13,384/-. We are at a loss to understand why the court below has fixed the value of the properties under acquisition in this case at only Rs.8734/- per Are. After all even according to the Land Acquisition Officer the acquired property was superior to the property covered by Ext.A1. According to us, relying on Ext.A1, the value of the property under acquisition in this case could have been fixed at Rs.13,500/- per Are. We accordingly, re-fix the value of the properties under acquisition at Rs.13,500/-. 3. The appeal stands allowed to the above L. A. A. No.212 of 2008 -3- extent, but in the circumstances, without any order as to costs. 4. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of the re-fixation of land value done under this judgment. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-