IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 LA.App..No. 748 of 2004() ------------------------- ( LAR.NO.19/2002 OF SUB COURT, THODUPUZHA) APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANTS: ------------------------- 1. SALMA, W/O. LATE PAREETH, KAVANAL, THODUPUZHA. 2. JASMINE, KAVANAL, THODUPUZHA. 3. SAJITHA, KAVANAL, THODUPUZHA. 4. SABITHA KAVANAL, THODUPUZHA. 5. MAHIN KAVANAL, THODUPUZHA. ADV. SRI.JOHNSON MANAYANI FOR R1 TO 5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2009 ALONG WITH LAA.NO.748/04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.748 of 2004 & 1961 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. Both these appeals pertain to acquisition of land in Thodupuzha village within the area of Thodupuzha Municipal town pursuant to notification under Section 4(1) dated 1-6-99. The purpose of acquisition was construction of Kothaikunnu bye-pass road. The property in L.A.A.No.1961/08 corresponds to L.A.R.No.6/02 was wet land for which the land acquisition officer awarded land value at the rate of Rs. 4052/- per cent. The property in L.A.A.No.748/04 corresponding to L.A.R.No.19/2002 was dry land for which the land acquisition officer awarded land value at the rate of Rs. 5000/- per cent. Thus, according to the awarding officer, the ratio between the value of wet land and dry land was 4052:5000. The learned Subordinate Judge has under the impugned judgment in L.A.A.No.748/04 relied on the judgment in L.A.R.No.6/2002 ( which is impugned in L.A.A.No.1961/2008) for refixing the value of land in L.A.R.No.19/2002 at Rs. 30,000/- per Are. It is seen that in L.A.R.No.6/2002, the learned Subordinate Judge has relied on Ext.A17. LAA.No.748/04 & 1961/08 2 We notice our common judgment in L.A.A.No.121/2008 and connected cases ( State of Kerala v. Jose Simon ( 2009(1) KLT 760) and in L.A.A.No.1638/2007. The properties involved in L.A.A.No.121/08 and connected cases as well as in L.A.A.No.1638/2007 were all dry lands in category 1 within the area of Thodupuzha Municipal town. Under those judgments, we have refixed the value of dry lands at the rate of Rs. 82500/-, 61875/- and Rs. 65,000/- per cent. Having regard to the proximity between Section 4(1) notification in those cases and the present case and taking into account the circumstance that these properties as well as the properties in those cases were all situated within the area in Thodupuzha Municipality, we are of the view that the enhancement granted by the reference court under judgments impugned in these appeals cannot be said to be unreasonable by any standard. The appeals will stand dismissed. No costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.748/04 & 1961/08 2