IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 LA.App..No. 1053 of 2009() -------------------------- LAR.75/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- ESTHAPPAN ALSO KNOWN AS STEPHEN S/O. OUSEPH, PULIMOOTIL HOUSE, THODUPUZHA. BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, IDUKKI. SR GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1053 of 2009 C ``````````````````````````````````````````````````````` Dated this the 8th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimant is in appeal. The property was acquired for the purpose of construction of Vengallor – Mangattukavala road in Thodupuzha Municipality. The property was in Thodupuzha village situated within the Thodupuzha municipal town. Section 4(1) notification was published on 01-06-1999. The Land Acquisition Officer awarded land value at the rate of Rs.1,983/- per cent, including the property in Group B wet. The reference court, on the basis of the evidence, found that the property was liable to be included in Group 1A Dry. Relying on Ext.A1 judgment of the same court in LAR No.39/2003 to which the appellant himself was a party, the court below re-fixed the land value at Rs.50,255/-. Mr.Raju K.Mathews, the learned counsel for the appellant submits that this Court, in L.A.A.No.1638/2007 filed against Ext.A1, has re-fixed the value of A1 property at Rs.65,000/- per cent. The learned counsel for the appellant, LAA.1053/09 : 2 : submits that in view of the judgment in LAA.No.1638/2007, it is only appropriate that this appeal is allowed re-fixing the value at Rs.65,000/- per cent. 2. The submissions of the learned counsel for the appellant were resisted by Smt.Latha T.Thankappan, learned senior Government Pleader. The learned senior Government Pleader submits that the property in LAR.No.39/2003(A1) were situated in Kumaramangalam village and, therefore, the same rate cannot be granted. Answering the above submission, Mr.Raju K.Mathews pointed out that there is a finding by the reference court in paragraph 9 of the judgment that A1 properties and property under acquisition were similar properties lying contiguously. So also, the finding that the properties are eligible to be included in Group 1A Dry has not been appealed against by the government. We are of the view that in this case this Court should follow the judgment in LAA.No.1638/2007. Following that judgment, we re-fix the value of the land under acquisition at Rs.65,000/- per cent. Appeal is allowed to that extent. It is needless to mention that the appellant will be entitled for all LAA.1053/09 : 3 : statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. In view of the order passed by this Court in C.M.Application No.1439/09, it is ordered that during the period of 129 days condoned by that order, the appellant will not be entitled for statutory interest otherwise admissible under Section 28 of the Land Acquisition Act. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks