IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 LA.App..No. 2492 of 2008() -------------------------- LAR.394/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) N.H.II, KOZHIKODE. GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANTS ------------------------ 1. SANTHAKUMARI, KOLATHARA, MEETHAL HOUSE, KOVOOR(P.O), CHEVAYOOR, KOZHIKODE. 2. VINODINI, KOLATHARA, MEETHAL HOUSE, KOVOOR(P.O), CHEVAYOOR, KOZHIKODE. 3. ANILKUMAR, KOLATHARA, MEETHAL HOUSE, KOVOOR(P.O), CHEVAYOOR, KOZHIKODE. 4. MINI, KOLATHARA, MEETHAL HOUSE, KOVOOR(P.O), CHEVAYOOR, KOZHIKODE. 5. HEMALATHA, KOLATHARA, MEETHAL HOUSE, KOVOOR(P.O), CHEVAYOOR, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1-5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010, ALONG WITH LAA NO. 2180 OF 2008 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos. 2076, 2180,2227,2492 of 2008 & 842 OF 2009 and C.O.Nos.15/2009 in L.A.A. NO.2076/2008 & C.O.16/2009 IN L.A.A.NO.2180/2008 ------------------------ Dated this the 19th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. All these appeals by the Government pertain to acquisition of land for the purpose of Calicut Bye-pass pursuant to Section 4 (1) notification published on 8/8/1993. The Land Acquisition Officer awarded land value at the rate of Rs.13200/- per cent. The Reference Court, relying on the evidence which came on record, has refixed the land value at the rate of Rs.55,000/- per cent. In fact the impugned common judgment is passed by the Reference Court pursuant to orders of remand passed by this court in the appeal preferred earlier. 2. Our attention is drawn by the learned senior Government Pleader Smt.Latha T.Thankappan to the judgment of this court in L.A.A. No.277/2009 dated 18/6/2009, to which one of us(PCK(J)) is party. We have gone through the judges paper in L.A.A. No. 277/2009. We are convinced that the submission of the learned senior Government Pleader that the decision in L.A.A. No.277/2009 covers the issues involved in these appeals in LAA.No.2492/2008 & others 2 favour of the Government to a certain extent is correct. In that case also the rates were the same and the acquisition was also the same. Under that judgment, the market value of the lands were reduced and refixed at Rs.48,000/- per cent. For the reasons stated in that judgment, the impugned common judgment is also liable to be interfered with. It is so done. In modification of the impugned judgment, we refix the market value of land under acquisition at Rs.48,000/- per cent. 4. The appeals are allowed to the above extent. The Cross Objections are dismissed. The parties are directed to suffer their respective costs. C.O.Nos.15/2009 in L.A.A No.2076/2008 & 16/2009 in L.A.A.No.2180/2008 are dismissed. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk