IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 LA.App..No. 149 of 2010() ------------------------- LAR.68/2007 of SUB COURT, QUILANDY .................... APPELLANT(S)/CLAIMANT: -------------- 1. E.KARUNAKARA KURUP, S/O.RUGMINI AMMA EDAMUNDATHIL HOUSE, ORAYIL PO, ULLIYERI VILLAGE KOYILANDY TALUK, KOZHIKKODE DISTRICT. 2. PANKAJAM, W/O.KARUNAKARA KURUP DO..DO... BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S)/RESPONDENTS 1 AND 2: --------------- 1. THE SPECIAL TAHSILDAR (LA) KOYILANDY KOZHIKODE DISTRICT. 2. THE EXECUTIVE ENGINEER P.W.D. ROADS DIVISON,KOZHIKODE. BY GOVT.PLEADER SRI.C.R.ABOOBACKER THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.ANo.149 OF 2010 ------------------------ Dated this the 3rd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are the appellants. Their property was acquired for the purpose of construction of a bridge and approach road at Kizhakkottkadavu. The acquisition was pursuant to Section 4(1) notification published on 5/8/2004. The Land Acquisition Officer awarded land value at the rate of Rs. 3115/- per cent. The Reference Court would enhance the same to Rs.10,000/- per cent. In this appeal, the appellants claim refixation of land value at the rate of Rs.20,000/- per cent. 2. As directed by us, Sri.C.R.Aboobacker learned senior Government Pleader has taken notice on behalf of the respondents and we have heard him also. Sri.M.S.Narayanan learned counsel for the appellants would draw our attention to the judgment of this court in L.A.A. No.150/2010. The learned counsel submitted that the above judgment pertains to the L.A.A..No.149/2010 2 appeal arising from another case covered by the very same impugned judgment. A copy of the above judgment is also placed before us. It is seen that under that judgment this court has refixed the land value at the rate of Rs. 20,000/- per cent. 3. Even though the learned Government Pleader requested that the matter be remanded so that the lower court will have clear evidence as to the comparability of the property under acquisition and the property covered by L.A.A. No.150/2010, we feel that, in the present case where L.A.A. No.150/2010 pertains to another case covered by the very same judgment impugned in this appeal, such a course will work out prejudice to the claimants. We follow the judgment in L.A.A. No.150/2010 and allow this appeal to the extent of refixing the value for the land under acquisition at Rs.20,000/- per cent. The appellants/claimants will be entitled for all statutory benefits also. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order in C.M.Appln. No.265/2010. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal L.A.A..No.149/2010 3 memorandum is remitted. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk