IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 LA.App..No. 29 of 2003(B) ----------------------------------- LAR.12/1999 of SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT: -------------------------------------------- STATE OF KERALA. BY SENIOR GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. RESPONDENT(S): CLAIMANT: ------------------------------------------ PANARKANDY MADHUSOODANAN, S/O. GOPALANKUTTY, VENGARI AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ALONG WITH CROSS OBJECTION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.29 of 2003-B & CROSS OBJECTION ---------------------------------------------- Dated, this the 11th day of October, 2010 J U D G M E N T K.M.Joseph, J. This appeal is directed against the judgment in L.A.R.No.12/1999 on the file of the Sub Court, Kozhikode. Notification under Sec.4 (1) of the Land Acquisition Act was published on 8.2.1995. An extent of 0.1218 hectares (30.0845 cents) of garden land comprised in Re.Sy No.21/11 came to be acquired for construction of the bye-pass for the National Highway. The Land Acquisition Officer fixed the land value at Rs.14,72,900/- per hectare. The Reference Court on the reference by the respondent/claimant fixed the value at Rs.20,000/- per cent. It is feeling aggrieved by the same that the respondent/State is before us. The claimant has also filed a cross objection claiming that the amount should have been fixed at Rs.30,000/- per cent. 2. We heard the learned counsel for the appellant and the learned Government Pleader. There is no dispute that for the acquisition made in the year 1993 the land value has been re-fixed at Rs.30,000/- per cent and that has become final. Learned Government Pleader does not disputes the fact that the land acquired in this case is garden land and in the same village. LAA.No.29/03 & Cross Objection -2- 3. Learned counsel for the respondent would point out that the notification in this case is issued in the year 1995 while notification pursuant to which earlier acquisition was made in which the land value was re-fixed at Rs.30,000/- was issued in the year 1993 and there is no justification for not awarding compensation at the rate of Rs.30,000/- per cent as the land value. We are not persuaded to hold that the appellant is not entitled to get the land value at the rate of Rs.30,000/- per cent in view of the submission which is made before us. In such circumstances, the appeal filed by the State stands dismissed. 4. The Cross Objection is allowed and the land value is re-fixed at Rs.30,000/- per cent for an extent of 0.1218 hectares. The cross objectioner will also be entitled for all the statutory benefits on the enhanced land value besides the proportionate cost. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS