IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 LA.App..No. 1459 of 2007(D) --------------------------- LAR.44/2004 of SUB COURT, PAYYANNUR .................... APPELLANT: ----------- S.L.P.SAFIYA, D/O MOOSA, MADAYI AMSOM, MUTTAM, P.O.PAYANGADI, KANNUR DISTRICT. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW RESPONDENTS: ------------- THE SPECIAL TAHSILDAR(LA), THALASSERY. BY GOVERNMENT PLEADER SRI.BASANT BALAJI. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- L.A.A.No.1459 OF 2007 ------------------------------- Dated this the 6th February, 2008. J U D G M E N T Appellant is the owner of 0.1620 hectares of land comprised in R.S.No.38/16 of Ramanthodi amsom and desom. The land was acquired for the establishment of Naval Academy. Compensation was awarded to the appellant. Subsequently, other neighboring properties were also acquired. Appellant claimed the benefit under Section 28A of the Land Acquisition Act, on the basis of the judgment in L.A.R.No.120/1987, which was modified by this Court in L.A.A.No.215/1998. The same was rejected. Appellant filed a petition under Section 28A(3) of the Land Acquisition Act for referring the matter to the competent court. The matter was referred to the court for re-determination. The learned Sub Judge relying on the judgment of that court in L.A.R.No.120/1987 and L.A.R.No.135/1987, enhanced the land value at the rate of Rs.1000/= per cent. The appellant was awarded solatium and interest also. Complaining inadequacy of compensation, claimant herself has filed this appeal. 2. The main contention raised in this appeal is that the judgment and decree passed by the Sub Court in L.A.R.No.120/1987 was modified by this Court in L.A.A.No.215/1998. In the appeal, this Court enhanced the land value to Rs.1500/= per L.A.A.No.1459/2007 2 cent, that is to say, Rs.500/= was awarded as additional compensation. According to the appellant, she is entitled to get the land value not at the rate of Rs.1000/= as fixed by the court below, but at the rate of Rs.1500/= per cent fixed by this Court. In view of the principle laid down in Union of India v. Munshi Ram (2006 (2) KLT 992 (SC), appellant is entitled to get the value finally fixed by the Court, that is to say, the value fixed by the reference court, modified by the Superior Courts, and not on the basis of the decree as passed by the original reference court. In this case, decree passed by the reference court was modified by this Court. The trial court awarded Rs.1000/= per cent. That was enhanced to Rs.1500/= per cent. So, the appellant is entitled to get the land value at the rate of Rs.1500/= per cent for the land acquired and she is entitled to get other statutory benefits also. The appeal is allowed in the above terms. K.PADMANABHAN NAIR, JUDGE nj.