IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 LA.App..No. 671 of 2009(C) -------------------------- LAR.140/2004 of SUB COURT, CHERTHALA .................... APPELLANT/ CLAIMANT ---------------------- KAMALADEVI,AGED 47 YEARS, D/O.CHELLAMMA, LEKSHMI NIVAS,PALLIPPURAM, PRESENTLY RESIDING AT DEVI NIVAS, VATTUKULAM, KADAPOOR BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS/ RESPONDENTS -------------------------- 1. STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA) INDUSTRICAL GROWTH CENTER, ALAPPUZHA. 2. MANAGING DIRECTOR, K.S.I.D.C. THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. BENNY VARGHESE FOR R1 ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J --------------------------------------- L.A. Appl. NO. 671 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009 JUDGMENT 1. This is an appeal preferred against award of the Land Acquisition Court, Cherthala in LAR 140/04. An extent of 1.50 Ares of dry land and 16.90 Ares of wet land comprised in Survey number 175/1 part of Pallippuram village were acquired for the Industrial Growth Centre at Pallippuram. The Land Acquisition Officer fixed the land value for the dry land at Rs. 7,876/- and Rs. 988/- for the wet land. In reference the Land Acquisition Court fixed land value of the dry land at Rs.9,845/- and that of the wet land at Rs.1,235/-. Dissatisfied with the same, this appeal is preferred. 2. It is submitted by the petitioner before me that the basis on which enhancement is claimed is under Exhibits A1 to A3 of which A3 is a copy of the award in LAR 28 / 2001, 2 LA.A. NO. 671/2009 29/2001, 30/2001 and 45/2001 of the Sub Court, Cherthala. The said matter came up for consideration before a learned Single Judge of this court in LAA 703/2000 that is Kerala State Industrial Development Corporation V Naniyamma Lakshmikuttiyamma (2007 (3) KLT 194). In the said decision the learned Judge after exhaustively considering the entire material found the land value for the dry land should be Rs. 17,297/- per Are. I am informed that the said matter was takenup before the Apex Court and it has attained finality whereby the land value of the dry land is Rs.17,297/-. Along with the appeal Annexure A1 judgment has been produced which is the award in LAR 202/2003. After exhaustively dealing with the materials and as the land acquired in this case and the land acquired under that case are of similar and similarly situated and as it is in III category, the court found that the land value to be fixed for the dry land is Rs. 17,297/- and that for the wet land is Rs. 2,169/-. So the land value for the purpose of this case also had to be fixed at Rs.17,297/- per Are for 1.50 Ares of dry land and Rs. 2,169/- per Are for 16.90 3 LA.A. NO. 671/2009 Ares of wet land. When the difference is worked out for the dry land, the claimant is entitled to an additional compensation of Rs. 7,452/-per Are for dry land and for the wet land Rs. 934/- per Are. 3. Therefore the award under challenge is modified and the claimant is awarded a further additional compensation of Rs. 7,452/- per Are for the dry land and Rs.934/- per Are for the wet land with all the attendant benefits which follows under the Land Acquisition Act. Appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE rkc