IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 LA.App..No. 1216 of 2010(D) -------------------------------- LAR.78/2007 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ------------------------------ CHEEKUTTY, S/O. GEORGE, THANNIKKAPARAMBIL, OLANAD KARA, VARAPUZHA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.C.J.SIMON SMT.AFSANA ASHRAF SMT.N.ASWATHY RESPONDENT(S): RESPONDENT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH NO.3, VYTTILA, ERNAKULAM-682 019. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1216 of 2010 ------------------------------------------------ Dated this the 4th day of January, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the claimant pertains to acquisition of land in Kottuvally village for the purpose of widening of National Highway-17 from Varapuzha to Cheriappilly. The relevant Section 4(1) notification was published on 23/08/04. The property was included in category-3 by the Land Acquisition Officer who awarded land value at the rate of Rs.87,576/- per Are. The Reference Court under the impugned judgment on evaluating the evidence adduced by the parties has re-fixed the land value at Rs.1,44,500/- per Are. 2. We have heard submissions of Sri.Philip T. Varghese, the learned counsel for the appellant and also L. A. A. No.1216 of 2010 -2- those f Smt.T.T.Josephina, the learned Government Pleader. Though Sri.Philip addressed arguments on the basis of the various grounds raised, he would fairly bring to our notice judgment of this Court in LAA.713/10 which is authored by one among us [PCK(J)]. It is not disputed that the above judgment has attained finality. On going through the above judgment, we are convinced that the above judgment pertains to acquisition of similar property for the same purpose pursuant to the same notification. Under that judgment value of identical land has been re-fixed at Rs.1,62,000/- per Are. Following that judgment, we allow this appeal to the extent of re-fixing the land value at Rs.1,62,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. As regards the interest payable under Section 28, while drafting the decree, the Section will have due regard to the conditions L. A. A. No.1216 of 2010 -3- imposed while condoning the delay as per order in C.M.A.1939/10. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-