IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 LA.App..No. 644 of 2005() ------------------------- LAR.79/2003 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT. ----------------------- RADHAMANI, POWER OF ATTORNEY HOLDER OF SRI.NANDAKUMAR.C. AGED 46, 32/170, DWARAKA, APPOLLO ROAD, THAMMANAM, KOCHI 682 032. BY ADV. SRI.K.R.MOHANAN RESPONDENT(S): RSPONDENTS. -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE MANAGING DIRECTOR, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD., PALARIVATTOM. ADV. SRI.KURIAN GEORGE KANNANTHANAM,SC,RBDCK FOR R2 SRI.K.RAMAKUMAR, SCGSC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, ALONG WITH LAA NO.793 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.Nos.644 & 793 of 2005 ----------------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Kurian Joseph,J. These are appeals filed by the claimants aggrieved by the fixation of land value by the reference court, namely, Sub Court, Ernakulam. The acquisition is for the purpose of Railway over bridge at Ponnurunni. It is seen that in a connected appeal, L.A.A.No.1474/2005, this court has fixed the land value at Rs.1,85,000/- per cent. It is submitted by learned counsel appearing for the claimants that the property acquired in their cases belong to A category as in the case of the claimant in L.A.A.No.1474/2005. Therefore, we partly allow these appeals. The judgment and decree are partly modified. The appellant shall be entitled to fixation of land value at Rs.1,85,000/- per cent along with all eligible statutory benefits. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.Nos.644 & 793 of 2005 ---------------------------- JUDGMENT 18th December, 2008