IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 LA.App..No. 135 of 2011() ------------------------- LAR.106/2006 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- THOMAS, S/O.JOSEPH, CHETTIPARAMBIL HOUSE, KARIMKUNNAM, THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL RESPONDENT(S)/RESPONDENT: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE EXECUTIVE ENGINEER, K.S.T.PROJECT DIVISION, P.W.D., PONKUNNAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.135 OF 2011 ------------------------ Dated this the 10th day of February, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. His property in Karimkunnam village of Thodupuzha Taluk was acquired for the purpose of development of Ponkunnam – Thodupuzha Taluk. The acquisition was pursuant to Section 4(1) notification published on 20/12/2004. The Land Acquisition Officer awarded land value at the rate of Rs.19752/- per Are. The Reference Court on evaluating the evidence refixed the same at Rs.58,444/- per Are. 2. In this appeal various grounds are raised challenging what is described as an inadequacy of the compensation redetermined and claiming the land value at the rate of Rs.55,000/- per cent. 3. Sri.K.K.Chandran Pillai, learned senior counsel for the appellant addressed us elaborately on the various grounds raised in the appeal memorandum. All the submissions of the learned LAA.No.135/2011 2 counsel were resisted by Smt.Latha T.Thankappan, learned senior Government Pleader. The Government Pleader would draw our attention to the judgment of this court in L.A.A. No.71/2010, under which the market value of the land has been refixed at Rs.38,250/- per cent. We find that the above case pertains to acquisition for the same purpose and the property in the same village. The only difference is that the acquisition in the above case was two months earlier to the present case. According to us, the judgment in L.A.A. No.71/2010 has considerable probative value while taking decision in the present case. Relying on that judgment, the market value of land under acquisition in the present case can be refixed at Rs.39,500/- per cent. It is accordingly refixed. 4. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed compensation to which he becomes eligible by virtue of this judgment. The appellant will pay the balance court fee within two weeks and Registry will issue decree copy to the appellant only LAA.No.135/2011 3 after ensuring that the balance court fee is paid. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk