IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 RP.No. 1032 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.1546/2000 .................... REVIEW PETITIONER: ---------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.G.UNNIKRISHNAN RESPONDENT: ------------------------- PANDARAKALATHIL PRABHAKARA KURUP P.O. ERANHIKAL, KOZHIKODE. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------- C.M.Application No.1741 of 2009 & Review Petition No.1032 of 2009 in L.A.A. No. 1546 of 2000 ---------------------------------------- Dated this the 2nd day of December, 2009 ORDER Harun-Ul-Rashid,J. C.M.Application No. 1741/2009 is a petition to condone the delay of 140 days in filing the above review petition. The reasons stated in the affidavit filed in support of the petition for condonation of delay are accepted and hence delay is condoned. 2. By judgment dated 22.10.2007, this Court dismissed L.A.A. No. 1546 of 2000 filed against L.A.R. No.414/1997 on the file of the Principal Sub Court, Kozhikode. The said appeal was filed by the State of Kerala. The acquisition is for the Calicut Bye-pass . In the judgment dated 22.10.2007 this Court recorded the fact that the State had deposited the entire amount awarded as compensation and the claimants had received the same on 12.7.2001 and Execution Petition was closed. In all the connected cases, including the property of the claimant's brother which is lying adjacent to the property under acquisition, this Court had sustained the land value at Rs. 18,000/- per Cent and consequently dismissed L.A.A. No.1546 of 2000. This review petition is filed relying on the judgments of this Court in L.A.A Nos. 803/1998 and 548/2007 wherein this Court confirmed the land value at the rate of 15,000/- per Cent fixed by the reference court for the garden land which was acquired for the purpose of Calicut Bye-pass. -2- 3. After considering the fact that before the admission of L.A.A No. 1546/2000 the entire compensation amount had been deposited by the State, that the acquired property is facing road on two sides and therefore has got more potential value and also placing reliance on the Commissioner's report , we had sustained land value at the rate of Rs.18,000/- for the acquired property. Besides the above fact, this Court also noticed that in several other connected cases this Court has sustained the land value at Rs.18,000/- per Cent. The two appeals pointed out in the review petition are decided on the basis of merit wherein State of Kerala is the appellant in which this Court confirmed the land value at the rate of 15,000/- which was fixed by the reference court. 4. Considering the fact that in several other connected cases this Court sustained the land value at Rs. 18,000/- per Cent for the similarly situated acquired properties and for the reasons mentioned above, we had sustained the land value at the rate of 18,000/- per Cent in L.A.A. No.1546 of 2000. The grounds urged for reviewing the judgment and decree in L.A.A. 1546 of 2000 on the basis of judgment and decree in L.A.A Nos. 548/2007 and 803/1998, are not sustainable in view of the consistent stand taken by this Court in all the other connected cases . In the result, this review petition stands dismissed. (KURIAN JOSEPH,JUDGE) (HARUN-UL-RASHID, JUDGE) es. KURIAN JOSEPH, & HARUN-UL-RASHID, JJ. --------------------------- C.M.Application No.1741 of 2009 & Review Petition No.1032 of 2009 ---------------------------- order 2nd September, 2009