IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 LA.App..No. 281 of 2011() ------------------------- LAR.5/2005 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS B TO E AS "A" CLAIMANT IS NO MORE) ---------------------------------------------------------- 1. SAHIDA, 2. SAFIYA 3. SAKEER HUSSAIN 4. ARIFA, (AKK ARE RESIDING AT VALIYAVEETTIL HOUSE, PUTHIYANGADFI POST, KOZHIKODE. THE ABOVE CLAIMANTS ARE THE LEGAL HEIRS OF DECEASED A CLAIMANT SRI. SAIDU.). BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S)/RESPONDENTS: --------------- 1. THE SPECIAL TAHSILDAR (LA), KOZHIKODE-673001. 2. THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION BUILDING, KOZHIKODE-673001. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.281 OF 2011 ------------------------ Dated this the 23rd day of May, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.Latha T.Thankappan, learned senior Government Pleader has taken notice on behalf of the respondents. 2. The claimants are in appeal. Their properties in Vengeri village were acquired for the purpose of widening of Karaparamba – Canoli Canal Road pursuant to Section 4(1) notification published on 14/7/2000. The Land Acquisition Officer awarded land value at the rate of Rs.10970/- per cent. The Reference Court on evaluating the evidence, which came on record, refixed the land value at Rs.55,000/- per cent. 3. Sri.Salil Narayanan K.A. learned counsel for the appellants would draw our attention to our own judgments in L.A.A. Nos.264/2011 & 991/2010. The learned counsel placed before us copies of the two judgments. We have gone through those judgments. We find that for identical properties acquired for the same purpose pursuant to the same notification, this L.A.A.No.281/2011 2 court has refixed the land value at Rs.80,000/- per cent. 4. Smt.Latha T.Thankappan, learned senior Government Pleader would concede that the judgments of this court in L.A.A. Nos.264/2011 & 991/2010 have become final. Under the above circumstances, we do not find any reason as to why the decision taken under those judgments should not be followed. Relying on those judgments, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.80,000/- per cent. The appeal is allowed to the above extent. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Act on the total refixed compensation to which they become eligible by virtue of this judgment. The parties are directed to suffer their respective costs. The Registry will issue decree copy to the appellants only after ensuring that the entire balance court fee payable on the appeal memorandum is paid. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk