IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 LA.App..No. 1045 of 2008() -------------------------- LAR.319/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS. -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH-1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT. ------------------------ K.BALAKRISHNAN, S/O. KANDANKUTTY, KARUKKANKAD PARAMB, NELLIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2362/2008 IN L.A.A. NO.1045/2008 DISMISSED 29/1/2010 SD/- PIUS C.KURIAKOSE, JUDGE. SD/- C.K.ABDUL REHIM, JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1045 OF 2008 ------------------------ Dated this the 29th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Nellikode village in Kozhikode Taluk for the purpose of construction of Calicut Bye pass. The relevant Section 4(1) notification was published in the year 1998. The Land Acquisition Officer fixed the land value for garden lands at Rs.14,634/- per cent and for wet lands at Rs.8213/- per cent. The Reference Court on the basis of the evidence which came on record, would refix the value of garden lands at Rs.60,000/- and that of wet lands at Rs.55,000/- per cent. 2. Our attention is drawn by the learned senior counsel Smt.Latha T.Thankappan to the judgment of this court in L.A.A. Nbo.381/2007. The above L.A.A. was in respect of acquisition of identical lands in the same village. We find that under the judgment in that L.A.A., we interfered with the enhancement granted by the Reference Court and refixed the market value by awarding 276/- per cent enhancement in respect of garden lands LAA.No.1045/2008 2 and 128/- per cent in respect of wet lands. Even though the learned counsel for the respondents argued that Ext.A2 and A3 produced by them before the Reference Court were very relevant documents pertaining to acquisition of land in the same village, Smt.Latha T.Thankappan would draw our attention to L.A.A. No.774/2006 and R.P. No.1208/2007 pending therein and submit that the property in that case was actually in Chevayur village. She also points out that relevant notification in that case was entirely different. 3. We are of the view that having regard to the finality attained by the judgment in L.AA. No.381/2007, we have to follow the decision taken in that judgment for the purpose of refixing the market value of lands under acquisition in this case. 2. Accordingly, we allow the appeal and refix the market value of the garden land under acquisition at Rs.55,100/- per cent. Similarly, we refix the market value of the wet lands under acquisition at Rs.20,000/- per cent. Thus granting about more than 276/- per cent enhancement for garden lands and 150/- per cent enhancement for the wet lands. The appeal stands allowed to the above extent. But, it is LAA.No.1045/2008 3 needless to mention that the claimant will be entitled for all the statutory benefits on the total enhanced compensation by virtue of this judgment. The parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk