IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 LA.App..No. 858 of 2009(D) ------------------------------- LAR.48/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): (CLAIMANTS) --------------------------------- 1. P.J.JOHNY, S/O.JOSEPH, PEEDIKAMALAYIL, THALAMATTOM. 2. RAVEEDNRANATHAN,S/O. KRISHNAPILLAI, PALAPPILLIL HOUSE, THODUPUZHA. BY ADV. SRI.K.S.BABU RESPONDENT(S): (RESPONDENT) ------------------------------------- STATE OF KERALA, REPRESENTED DISTRICT COLLECTOR, IDUKKI. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A.A No.858 of 2009 ------------------------------------------------ Dated this the 28th day of May, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. The acquisition was for the purpose of construction of Thodupuzha bye pass (Kolani - Vengalloor Road) pursuant to Section 4(1) notification dt.12/06/02. The land was dry land. The Land Acquisition Officer awarded land value at the rate of Rs.19,512/- per Are corresponding to Rs.7,900/- per cent. The Reference Court on evaluating the evidence which came on record would re-fix the land value at Rs.23,375/- per cent. Before the Land Acquisition Officer and before the Reference Court and in this L. A.A No.858 of 2009 -2- appeal also the appellant is claiming land value at the rate of Rs.50,000/- per cent. Smt.Sudha Babu addressed arguments on the basis of the various grounds raised in this appeal and she drew our attention to various judgment of this Court pertaining to acquisition of land in Thodupuzha and Manakkad villages during the period 1999- 2000. She submitted that as per those judgments this Court has awarded much more than Rs.50,000/- per cent for identical properties. According to her, the property in question is situated within the area of Thodupuzha Municipality. Even though, the submissions of Smt.Sudha were opposed by the learned Senior Government Pleader, Smt.R.Bindu, we find merit in Smt.Sudha's submissions as we notice our own L. A.A No.858 of 2009 -3- judgment in State of Kerala v. Jose Simon [2009(1) KLT 760]. Following the decision taken in this case, we feel that the appeal is liable to be allowed. Thus, allowing the appeal we re-fix the land value at Rs.45,000/- per cent in modification of the impugned judgment. It is needless to mention that 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. Parties are however, directed to suffer their respective costs throughout. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-