IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 LA.App..No. 1913 of 2008() -------------------------- AGAINST JUDGMENT AND DECREE IN LAR.72/07 OF SUB COURT, ERNAKULAM APPELLANT(S): -------------- SMT.ASMABEE, W/O ANDRUMAN, KAMMATTUPARAMBIL VALIYAVEEDU HOUSE, CHERANELLUR VILLAGE.KANAYANNUR TALUK. BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL RESPONDENT(S): RESPONDENTS:- ---------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), N.H.NO.1 KAKKANAD. 2. THE EXECUTIVE ENGINEER, N.H.BRIDGES DIVISION, VYTTILA. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1913 of 2008 ``````````````````````````````````````````````````````` Dated this the 17th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimant is in appeal being aggrieved by what is described as the inadequacy of the compensation awarded by the Land Acquisition Officer. The property was acquired for the purpose of National Highway. The property was in Cheranallur village and the acquisition was pursuant to notification dated 14-03-2002. The Land Acquisition Officer awarded land value at the rate of Rs.1,08,800/- per Are. Before the reference court, the appellant relied mostly on Exts.A1 and A2. The appellant took out a Commission also. Ext.A2 was a document which revealed a land value of more than Rs.34,000/-. But, the Commissioner was not able to identify the property covered by Ext.A2. The result was that the court below could not enter a finding regarding the comparability of property under acquisition with the property covered by Ext.A2. The court below after rejecting Ext.A2 would do guess work and re-fix the land value at Rs.1,41,440/- per Are thus giving an increase by 30% over what was awarded by the Land Acquisition Officer. In this appeal, the main prayer is that the judgment LAA.No.1913/08 : 2 : and decree be set aside and the LAR be remanded so as to grant an opportunity to the appellant to take out a fresh Commission, so that the property covered by Ext.A2 can be identified. We are not inclined to grant the above request. But, at the same time, it is brought to our notice by the learned Government Pleader Smt.Latha T. Thankappan that this Court has, by judgment in LAA.No.981/2009, re-fixed the value of identical properties acquired for the same purpose at Rs.1,57,760/-. We are of the view that our decision in that judgment should be followed so that a parity is brought forth between the value received by the parties equally considered in value by the Land Acquisition Officer. Accordingly, in modification of the impugned judgment and allowing the appeal, we re-fix the land value at Rs.1,57,760/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The appeal is allowed as above but without any order as to cost. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks