IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 1501 of 2009(A) -------------------------------- LAR.108/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): LEGAL REPRESENTATIVES OF CLAIMANT: ---------------------------------------------------------------- P.R.BALAKRISHNAN (DIED), LRS: 1. SMT.GIRIJA BALAKRISHNAN, W/O.LATE P.R.BALAKRISHNAN, AGED 64 YEARS, NO OCCUPATION, RESIDING AT `PRASANTHI', P.O.ERANHIPALAM, KOZHIKODE. 2. B.RAJESH KUMAR, S/O.LATE P.R.BALAKRISHNAN, AGED 47 YEARS, BUSINESSMAN, RESIDING AT `PRASANTHI' P.O.ERANHIPALAM, KOZHIKODE. 3. RAJEEV BALAKRISHNAN, S/O.LATE P.R.BALAKRISHNAN, AGED 43 YEARS, ENGINEER, RESIDING AT `PRASANTHI', P.O.ERANHIPALAM, KOZHIKODE. BY ADV. SRI.R.SURENDRAN RESPONDENT(S)/RESPONDENT: ----------------------------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION, THALASSERY, KANNUR DISTRICT. SR. GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1501 of 2009 ------------------------------------------------ Dated this the 26th day of March, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal and when the appeal came up for admission, senior Government Pleader Sri.Basant Balaji took notice on behalf of the Government and we had the advantage of hearing not only Sri.R.Surendran, the counsel for the appellants but also Sri.Basant Balaji. The appeal pertains to acquisition of land in Kodiyery village for the purposes of the Malabar Cancer Care Society pursuant to Section 4(1) notification published on 04/10/97. The Land Acquisition Officer awarded land value at the rate of L. A. A. No.1501 of 2009 -2- Rs.3,768/- per cent. The Reference Court under the impugned judgment on the basis of the evidence which came on record, re-fixed the value at Rs.5,653/- per cent. Our attention is drawn by Mr.Surendran to the judgment of this Court in L.A.A.301/05. We notice that the said judgment was in respect of the same acquisition and the property involved was also identical. Under that judgment, this Court re-fixed the value of land at Rs.10,000/- per cent. It is not disputed that the said judgment has become final. Under the circumstances, we follow the decision taken under that judgment and re-fix the value of land under acquisition at Rs.10,000/- per cent. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under L. A. A. No.1501 of 2009 -3- sections 23(2), 23(1A) and under section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their respective costs. While drafting up the decree, the Registry will have due regard to the order dt.09/12/09 passed by us in C.M. Application No.2052 of 2009. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-