IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 LA.App..No.801 of 2007 (A) --------------------------------- LAR.41/2004 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): CLAIMANT ------------------------------- BABU RAJAN, PANDIRIKKAL HOUSE, PUZHAKKAL, THRISSUR. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, L.A.GENERAL, THRISSUR. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.801 of 2007 ------------------------------------------------ Dated this the 3rd day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the claimant pertains to acquisition of land in Ayyanthole village at Puzhakkal Padam for the purpose of establishment of Industrial Development Plots. The relevant Section 4(1) notification was published on 28/01/01. The Land Acquisition Officer categorised the property under acquisition as wetlands which do not have direct frontage of the Thrissur-Kunnamkulam state highway and awarded land value at Rs.3,710/- per Are. The Reference Court under the impugned judgment re- fixed the land value at the rate of Rs.7,042.35/- per Are. L. A. A. No.801 of 2007 -2- 2. We had occasion to deal with a large number of appeals preferred by the Government as well as by the claimants in respect of acquisition for the same purpose. Most of those cases related to acquisition pursuant to a notification which was five months prior to the notification in this case. But the properties in those cases were exactly similar to the properties in these cases. In fact, in those cases also for exactly similar lands, the Land Acquisition Officer awarded land value at the rate of Rs.3,710/- per Are. We note that under the impugned judgment the Reference Court has granted Rs.7,042.35/- per Are for the property in this case as well as for the properties which were acquired under the notification five months earlier. Under our judgments in the appeals dealing with acquisition of similar properties pursuant to the L. A. A. No.801 of 2007 -3- notification five months earlier, we have re-fixed the land value of the properties at Rs.7,500/- per Are. For all the reasons stated in that judgment this appeal is also liable to be allowed. But we find that there is some justification for granting a slight increase over the rate fixed by us in those cases considering the passage of five months' time. Accordingly, we re-fix the value of the lands under acquisition in this case at Rs.7,875/- per Are. 3. It is needless to mention that the appellant/ claimant will be entitled to all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhancement to which he becomes eligible by virtue of the re-fixation of land value done under this judgment. L. A. A. No.801 of 2007 -4- 4. This appeal will stand allowed as above. But in the circumstances, without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-