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 25TH JUNE 2010 / 4TH ASHADHA 1932 LA.App..No. 1304 of 2007 (A) --------------------------------- LAR.10/2002 of SUB COURT, KASARAGOD .................... APPELLANT(S): 1ST RESPONDENT -------------------------------------- THE SPECIAL TAHSILDAR, L.A., KASARAGOD. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT --------------------------------------------------------- 1. C.MOHAMMED SHAFI, S/O MOIDU HAJI, CHEMBERIKA, KALANAD VILLAGE, CHANDROGIRI P.O. 2. THE MANAGING DIRECTOR, BAKAL RESORTS DEVELOPMENT CORPORATION, KASARAGOD. ADV. SRI.K.JAYAKUMAR (SR.) FOR R1 SRI.P.B.KRISHNAN FOR R1 SMT.GEETHA P.MENON FOR R1 SMT.V.DEEPA FOR R1 SRI.K.JAJU BABU FOR R2 SRI.T.S.SHYAM PRASANTH FOR R2 SRI.S.V.BALAKRISHNA IYER (SR.) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1304 of 2007 ------------------------------------------------ Dated this the 25th day of June, 2010 JUDGMENT Pius C. Kuriakose, J We have today delivered judgment in L.A.A. Nos.815, 816 and 816 of 2009 pertaining to acquisition of land in the same village for the same purpose. Under the judgment which is impugned in this appeal, the Land Acquisition Officer had awarded value at the rate of Rs.1,900/- per cent only. Under the judgment impugned, the court has awarded value at the rate of Rs.10,000/- per cent. Obviously, the property involved in this case was much inferior to the properties involved in other cases where the Land Acquisition Officer himself had awarded land value at the rate of Rs.5,076/- per cent. We are unable to justify the action of the learned Subordinate Judge in having awarded a value much more than the value he awarded for the properties in the other cases L. A. A. No.1304 of 2007 -2- (Rs.9,000/- per cent). 2. Having considered all the relevant aspects, we are of the view that the correct market value to be awarded for the properties involved in this case is only Rs.4,000/- per cent. We re-fix the market value of the land under acquisition at Rs.4,000/- per cent. The appeal will stand allowed to the above extent. Claimant/ respondent, however, 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. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- Judgment dated 25/06/2010 in L.A.A.1304/2007 is recalled vide order dated 29/03/2011 in R.P.1109/2010. Sd/- Registrar(Judicial)