IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 LA.App..No. 629 of 2009() ------------------------- LAR.201/2003 of SUB COURT, CHERTHALA .................... APPELLANT(S): APPELLANT ----------------------- JOSEPH JOSEPH VAZHATHARA, PALLIPURAM, CHERTHALA. BY ADV. SRI.A.K.JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE MANAGING DIRECTOR K.S.I.D.C. THIRUVANANTHAPURAM. SRI.JOBY CYRIAC (SC FOR KSIDC)(R2) BY GOVT.PLEADER SRI.BASANT BALAJI (R1) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.629 OF 2009 ------------------------ Dated this the 17th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal against the judgment and decree of the land acquisition reference court. The properties were acquired for the purpose of establishment of Industrial Growth Centre at Pallipuram in Cherthala Taluk. The land acquisition officer included the acquired properties in category 3 and awarded land value at the rate of Rs.7876/- per Are. The properties in category 3 are dry lands. But, in the instant case, the land acquisition officer deducted reclamation charges on the reason that these dry lands were low lying dry lands. A total amount of Rs.5,23,600/- was accordingly deducted from the total compensation determined. 2. As directed by us, Sri.Joby Cyriac, learned standing counsel for the KSIDC has taken notice on behalf of the second respondent and we have heard the submissions of Sri. A.K.John learned counsel for the appellant and those of Sri.Joby Cyriac. It is fairly conceded before us by Sri.Joby Cyriac that this court and even the Supreme Court has approved enhancement of the L.A.A.No.629/2009 2 value of properties in category 3 from Rs.7876/- to 17290/- in identical cases for identical properties. In vies of the finality attained by the judgment of the reference court refixing the value of the properties in category 3 at Rs.17290/-, there is no justification for denying the benefit of such refixation in this case. Accordingly, we allow the appeal and refix the value of the acquired lands in this case at Rs.17290/- per Are. It is needless to mention that a total amount of Rs.5,23,600/- will be deducted towards reclamation charges in view of the low lying nature of the land. It is also needless to mention that the appellant will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and Section 28 of the Land acquisition Act for the total enhanced compensation to which he becomes eligible on account of refixation done by us under this judgment. The appeal is allowed as above, but in the circumstances without any order as to costs. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk