IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 LA.App..No. 773 of 2007() ------------------------- LAR.50/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE EXECUTIVE ENGINEER(LA), KOZHIKODE. 2. THE EXECUTIVE ENGINEER, ROADS DIVISION, KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ A.ABIJITH, S/O AREEKKARA RAVEENDRAN, P.O.NELLIKODE, KOZHIKODE. ADV. SRI.P.K.RAMKUMAR FOR R.1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------ LAA. No. 773 of 2007 ------------------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Nellikode Village for the purpose of improvements to Pottammal – Mananthala Thazham Road. The relevant Section 4(1) notification was published on 18- 7-1997. The L.A. Officer awarded value for dry lands at the rate of Rs.18,806/- per cent and for wet lands at the rate of Rs.9,664/- per cent. The reference court under the impugned judgment re-fixed the value of dry land at the rate of Rs.66,000/- per cent and that of the wet lands at Rs.41,000/- per cent. Smt. Latha T. Thankappan drew our attention to other decisions of this court approving land value of Rs.30,000/- per cent acquired for the same LAA. No. 773/07 - 2 - purpose. But she herself conceded that the above re- fixation was in respect of acquisition pursuant to a notification of the year 1993. Under the impugned judgment what we notice is that the court below relied on Ext. A6. According to us, reliance placed on A6 was proper. It is brought to our notice that A6 attained finality in the sense that the appeal preferred by the Government against A6 as LAA. No. 527/04 has been dismissed. But A6 was in respect of garden lands only. When A6 is followed the value of Rs.66,600/- granted for garden lands is justified. But according to us, the reference court was not justified in not maintaining the ratio between the value of garden lands and wet lands maintained by the awarding officer. When that ratio is maintained the value of wet land will have to be re- fixed at Rs.33,824/-. We modify the impugned judgment only to the extent which pertains to wet lands under acquisition. The value of wet lands under acquisition is re- LAA. No. 773/07 - 3 - fixed at Rs.33,824/-. Appeal is allowed to that extent only. The parties are directed to suffer their costs. It is made clear that the claimant will be entitled for all statutory benefits admissible under sections 23(1A), 23(2) and 28 of the Land Acquisition Act. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-