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 16TH JULY 2010 / 25TH ASHADHA 1932 LA.App..No. 1440 of 2003(D) -------------------------------- LAR.133/1999 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT ------------------------------ CHATHANCHIRA MUHAMMED, S/O C. MARAKKAR, KIZHUMURI, P.O. MALAPPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS ------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, REP. BY ITS SECRETARY. GOVERNMENT PLEADER SMT.P.N.SUMANGALA JOBY CYRIAC,SC,KSIDC(NO MEMO) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1440 of 2003 ------------------------------------------------ Dated this the 16th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His grievance is that though he adduced evidence of AWs.1 to 3 and documents Exts.A1 and A2, the learned Subordinate Judge did not grant any enhancement but only confirmed the award passed by the Land Acquisition Officer. It is brought to our notice that this Court considering identical matters has re- fixed the value of land acquired in other cases from Rs.2739/- per cent as in the present case to Rs.3,500/- per cent. Our attention is drawn to the judgment of this Court in LAA.738/06 and L. A. A. No.1440 of 2003 -2- LAA.747/06. We do not find any reason as to why the benefit which was given to the parties in LAA.738/06 and LAA.747/06 should not be extended to the appellant. Hence, following the decision taken in those cases, we allow this appeal to the extent of re-fixing the value of lands under acquisition at Rs.3,500/- per cent. 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 in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-