IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 LA.App..No. 1539 of 2008(D) --------------------------- LAR.92/2002 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT: ------------------------------- T.G.RADHAKRISHNAN, THOOVANATTU, PALLIPPURAM, CHERTHALA. BY ADV. SRI.N.NAGARESH SRI.T.V.VINU RESPONDENT(S): RESPONDENTS; --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN MR.JOBY CYRIAC, SC, KSIDC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1539 of 2008 ------------------------------------------------ Dated this the 28th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Having considered the grounds raised in this appeal and the submissions addressed before us by Mr.N.Nagaresh, the learned counsel for the appellant and by Mr.Joby Cyriac, the learned counsel for the Requisitioning Authority and also by Smt.Latha T. Thankappan, the learned senior Government Pleader and taking into account decisions taken by this Court and one decision taken by the Supreme Court in various appeals pertaining to acquisition of land for the same purpose, we feel that there is every justification for re-fixing the value of the land under L. A. A. No.1539 of 2008 -2- acquisition at Rs.17,297/- per Are. We notice that in all other cases where land value had been awarded at Rs.7,876/- per Are, the same was re-fixed at Rs.17,297/- per Are. Therefore, modifying the judgment and decree of the Reference Court, we re-fix the value of all dry lands under acquisition at Rs.17,297/- per Are. 2. The same is the position as regards the wet lands under acquisition. In all other cases for which Land Acquisition Officer awarded land value at the rate of Rs.988/- per Are, the Reference Court awarded land value at the rate of Rs.2169/- per Are and this Court approved such re-fixation. But in this particular case, what has been awarded for wet lands is only Rs.1235/- per Are. We do not find any reason for adopting a different standard in this case. We, modify L. A. A. No.1539 of 2008 -3- the award of the Reference Court insofar as it pertains to wet lands also and re-fix the value of wet lands at Rs.2169/- per Are. 3. The appeal will stand allowed to the above extent. It is needless to mention that the appellant will be entitled for all statutory benefits on the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment. Parties are directed to suffer their costs. 4. The conditions imposed by this Court while condoning the delay will be noticed by the Registry while drafting the decree. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-