IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No.724 of 2001 (A) & C. O. No.64 of 2007 -------------------------- LAR.295/1993 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT(S)/RESPONDENT: ----------------------------------- STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANT: ---------------------------------- N. NATARAJAN, AKKANATTU VEEDU, MANAKKATTUCHERRY, VADAKKEVILA, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.724 of 2001 & C. O. No.64 of 2007 ------------------------------------------------ Dated this the 29th day of June, 2009 JUDGMENT Pius C. Kuriakose, J Heard both sides. 2. The learned Senior Government Pleader, Mr.Basant Balaji drew our attention to the common judgment of this Court in L.A.A.1582/1998 series and submitted that under that common judgment Ext.A1 relied on by the Reference Court has been set aside and remanded by this Court. He also requested that the impugned judgment be set aside and the LAR be remanded. 3. Mr.K.Subash Chandra Bose, learned counsel for the respondent/cross objector did not agree for the L. A. A. No.724 of 2001 -2- same. He submitted that the remand order of this Court in LAA.1582/98 series became operative and pursuant to that remand, the Reference Court passed a judgment refusing the compensation. But against that judgment of the Reference Court, the claimant preferred LAA.146/04 and other cases before this Court. This Court by judgment dt.31/03/08 disposed of the appeal and the cross objections therein re-fixing the market value of the lands similar to the land under acquisition in this case at Rs.13,500/- per cent. 4. We have considered the rival submissions and we have gone through the judgment of this Court in LAA.1582/98 series as well as the judgment in LAA.146/04 series. We are of the view that the appeal preferred by the Government is liable to be dismissed L. A. A. No.724 of 2001 -3- and that cross objections filed by the respondent/claimant should be allowed to the extent of re-fixing the market value of the land under acquisition at Rs.13,500/- per cent. The appeal accordingly is dismissed without any order as to costs. Cross Objection is upheld and the market value of the land is re-fixed at Rs.13,500/- per cent. 5. It is needless to mention that the cross objector/claimant will be entitled for statutory benefits including interest on the solatium component of the compensation subject to what has been stated by us in our order in C.M. Application No.1794/07. Annex a copy of the order in C.M. Application No.1794/07 to this judgment. The Registry is directed not to issue decree copy to the claimant unless receipt issued by L. A. A. No.724 of 2001 -4- the Nodal Officer of the Kerala Mediation Centre against payment of the Cross Objector is produced. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-