IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 LA.App..No. 325 of 2009(A) -------------------------- LAR.77/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): 1ST RESPONDENT ---------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 ----------------------------------------- 1. A.K.HASSANKOYA, S/O.KUTTOOSE, HASNA, KUNNAMANGALAM (PO), KOZHIKODE. 2. INDIAN INSTITUTE OF MANAGEMENT. ADV. SRI.V.N.RAMESAN NAMBISAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.325 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2009 JUDGMENT We have already dismissed L.A.A.No.483/2009 preferred by the government pertaining to acquisition of property in the same village and for the same purpose pursuant to a notification which is subsequent. In that case, the land acquisition officer had awarded land value at the rate of Rs. 15706/- per cent which was refixed by the court to Rs. 60,000/- per cent. We under the above judgment have approved such refixation. In the present case, the relevant Section 4(1) notification was published on 14/01/1999 and the land acquisition officer had awarded land value at the rate of Rs. 13006.87/- per cent i.e. slightly lesser than what was awarded in L.A.A.No.483/2009. Under the impugned judgment, the market value is refixed at Rs. 60,000/- per cent. Though there is time gap between the two notifications under Section 4(1), considering the fact that the properties are in the same village and the purpose is the same and that the gap between the two LAA.No.325/09 2 notifications is not much, we do not find any warrant for interfering with the impugned judgment. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.325/09 2