IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 LA.App..No. 1474 of 2009() -------------------------- LAR.100/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. KATTIL KARAYI NARAYANI, KODIYERI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. VAZHAYIL KARAYI PRASANNAKUMARI, KODIYERI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENT(S): RESPONDENT: -------------------------- THE SPECIAL TAHSILDAR FOR LAND ACQUISITION, THALASSERY, KANNUR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1474 of 2009 C ``````````````````````````````````````````````````````` Dated this the 16th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. On this appeal coming up for admission, learned Government Pleader has taken notice on behalf of the respondent and we have heard Mr.Anil George, learned counsel for the appellants, as also the learned senior Government Pleader Smt.Latha T.Thankappan. 2. The appeal pertains to acquisition of land in Kodiyeri village for the purpose of Malabar Cancer Centre. Relevant Section 4(1) notification was published on 04-06-1997. The Land Acquisition Officer awarded land value at the rate of Rs.3,770/- per cent. The reference court, on the basis of the evidence that came on record, re-fixed the land value at Rs.5,655/- per cent. 3. Eventhough several grounds have been raised in the memorandum of appeal, Sri.Anil George would highlight before us that this Court, by judgments in LAA Nos.301/2005 and 1556/2007, re-fixed the value of similar lands acquired for the same purpose at Rs.10,000/- per cent and a copy of the judgment in LAA No.301/2005 is also placed before us. Smt.Latha T.Thankappan, learned senior Government LAA.1474/09 : 2 : Pleader, also fairly conceded that the lands covered by the judgments in LAA Nos.301/2005 and 1556/2007 were acquired for the same purpose pursuant to the same notification and that it was the same rate which was granted by the Land Acquisition Officer in those cases also. That being the position, we are of the view that in order that parity is brought forth between the ultimate value granted by the court to persons, whose lands are treated as equal in value by the Land Acquisition Officer, it is necessary to follow the judgments of this Court in LAA Nos.301/2005 and 1556/2007. Accordingly, allowing this appeal, we re-fix the value of land under acquisition at Rs.10,000/- per cent. It is needless to mention that the appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The appeal is allowed as above but without any order as to cost. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks