IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 LA.App..No. 938 of 2010(D) -------------------------- LAR.213/2003 of SUB COURT, CHERTHALA .................... APPELLANT/CLAIMANT: ---------------- RAJESWARIAMMA KANAKAMANGALAM, PALLIPPURAM, CHERTHALA. BY ADV. SRI.N.NAGARESH RESPONDENTS/RRESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. R2 BY ADV. SRI.JOBY CYRIAC R1 BY GOVERNMENT PLEADER SRI P.K.RAVIKRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,JJ. ------------------------------- L.A.A.NO. 938 OF 2010 & I.A.NO.2877 OF 2010 ------------------------------- DATED THIS THE 23RD DAY OF SEPTEMBER, 2010 JUDGMENT Appellant is the claimant in LAR.No.213/03. This appeal is directed against the judgment and decree dated 31st March, 2009 in LAR.No.213/03 on the file of the Sub Court, Cherthala. An extent of 2.38 Ares of dry land and 0.45 Ares of wet land owned and possessed by the claimant had been acquired for Industrial Growth Centre, Pallippuram pursuant to Section 4(1) notification dated 24/1/1997. The Land Acquisition Officer awarded an amount of Rs.14,586/- per Are for dry land and Rs.3,687/- per Are for wet land along with other statutory benefits. 2. Before the reference court the claimant contended that the acquired property is situated in an important locality in Pallipuram Village abutting Cherthala-Arookutty road and that the property is having proximity to several institutions, both public and -2- L.A.A.No.938/2010 private. The claimant further contended that considering the importance and potentiality of the property it would have fetched a market value of Rs.75,000/- per Are at the time of acquisition. The claimant produced Ext.A1 certified copy of the common judgment in LAR.No.55/2003. The said case relates to the properties which are similar and similarly situated and are also included in the very same category and acquired under the very same notification for the very same purpose. Therefore, the reference court relied on Ext.A1 and granted enhanced land value at the rate of Rs.3,646/- per are over and above the land value fixed by the Land Acquisition Officer. 3. When the matter was taken up for final hearing, the learned counsel for the appellant/claimant brought to my notice the common judgment of the same court in LAR.No.1/2005 and connected cases. A copy of the common judgment is produced before this Court as Annexure-A1. It is submitted that the properties involved in Annexure-A1 is also dry lands having -3- L.A.A.No.938/2010 frontage of Cherthala-Arookutty road and are also included in the lst category. It is also submitted that the properties are similar and similarly situated. All the acquired properties in this case were also acquired under the very same notification for the very same purpose in Annexure-A1 case also. The Land Acquisition Officer awarded the very same land value. The reference court granted enhancement of Rs.15,396/- per Are for the dry land. 4. The learned counsel for he appellant submitted that he was unable to produce Annexure-A1 judgment before the court below and therefore the court below awarded lesser amount than the enhancement by relying on Annexure-A1 judgment produced before that court. According to the learned counsel, the claimant is entitled to the same land value as awarded in Annexure-A1 judgment, since both the properties are similar and similarly situated. I.A.No.2877/2010 filed to accept Annexure-A1common judgment in LAR.No.1/2005 and connected cases is therefore allowed. -4- L.A.A.No.938/2010 5. In the result, the judgment and decree under appeal are set aside. The matter is remanded to the court below for fresh consideration in accordance with law and in the light of Annexure A1 common judgment. The parties are at liberty to adduce further evidence if any. The reference court shall dispose of the case within a period of six months from the date of appearance of the parties. The parties shall appear before the reference court on 20/10/2010. The appeal is disposed of as above. There will be no order as to costs. HARUN-UL-RASHID, Judge. kcv.