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 17TH FEBRUARY 2011 / 28TH MAGHA 1932 LA.App..No. 1336 of 2010() -------------------------- AGAINST THE ORDER DATED 21/12/2004 IN & 36/1996 IN LAR.35/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): LEGAL HEIRS OF CLAIMANT ------------------------------------- 1. SOUMINI, MOKACHERI HOUSE, PERINGOTTUKUNI, THALAKULATHUR,KOZHIKODE TALUK. 2. M.ASOKAN,MOKACHERI HOUSE, PERINGOTTUKUNI, THALAKULATHUR,KOZHIKODE TALUK. 3. THANKAMANI,MOKACHERI HOUSE, PERINGOTTUKUNI, THALAKULATHUR,KOZHIKODE TALUK. 4. PUSHPA,MOKACHERI HOUSE, PERINGOTTUKUNI, THALAKULATHUR,KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): RESPONDENT ------------------------- SPECIAL TAHASILDAR(LA),NH-II, KOZHIKODE. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2011, ALONG WITH L.A.A. NO.1337/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1336 & 1337 OF 2010 ------------------------ Dated this the 17th day of February, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their properties in Thalakulathoor village of Kozhikode Taluk were acquired for the construction of the Kozhikode Bye pass. The acquisition was pursuant to Section 4(1) notification published on 14/1/1993. The Land Acquisition Officer fixed the land value at the rate of Rs. 5,102/- per cent. The Reference Court in the first instance would award the land value at Rs.13,000/- per cent relying on the judgment in L.A.R. No.39/1996 (Ext.A1). There was an appeal against the judgment in L.A.R. No.39/1996 and that appeal was allowed by way of remand. Noticing that remand order, the appeal preferred by the Government against the award in this case was also remanded. After remand, the Court below fixed the same rate of Rs.10,000/- per cent for the properties involved in these cases as well as the property in L.A.R. LAA.Nos.1336 & 1337/2010 2 No.39/1996. It is the judgment pursuant to remand which is under challenge. 2. Sri.R.Sudhish, learned counsel for the appellants, drew our attention to the judgment of this court in L.A.A. No.347/2003 which was directed against the revised judgment in L.A.R. No.39/1996. It is seen that under that judgment, this court allowed the claimant's appeal and refixed the market value of the land at Rs 14,000/- per cent. We also notice other judgments of this court pertaining to acquisition of land in Thalakulathur village whereby land value has been refixed at the rate upto 18,000/- per cent. 3. Smt.T.T.Josephina, learned senior Government Pleader would drew our attention to the commission report which indicates that the access to the properties under acquisition was through a ridge. According to her, there is no comparison between the property covered by LAR No.39/1996 and the properties under acquisition. In the absence of any evidence regarding the comparability of the two properties, it is not proper to award the same rate as was given to the property in L.A.R. No.39/1996 to these properties. LAA.Nos.1336 & 1337/2010 3 4. Even though the submissions of the learned senior Government Pleader appeared to be attractive, we notice that the Land Acquisition Officer had granted the same rate i.e. Rs.5,102/- per cent for the properties in these cases as well as in L.A.R. No.39/1996. Moreover, the comparability of the property covered by L.A.R. No.39/1996 and the properties under acquisition in these cases was never a serious issue when the matter was considered by this court in earlier appeals. We are of the view that the appellants should be awarded value which is awarded to the claimant in L.A.R. No.39/1996. Relying on the judgment in L.A.A. No.347/2003, we allow these appeals to the extent of refixing the market value of the land involved in both these cases at Rs.14,000/- per cent. The appellants will be entitled for all statutory benefits. However, while decree is drafted and provision is made for interest under Section 28, the Registry will have due regard to the conditions imposed by this court in C.M.Appln. No. 2212/2010 in L.A.A.No.1336/2010 and C.M.Appln.2213/2010 in L.A.A. No.1337/2010. It will be ensured by the Registry that all the conditions therein have been complied with by the appellants LAA.Nos.1336 & 1337/2010 4 and that the full court fee payable on the appeal memoranda is paid by the appellants. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk