IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 LA.App..No. 1022 of 2004(A) --------------------------------- LAR.223/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ----------------------------- KUNIMAL PARAMBATH PREETHA, W/O. RAVEENDRAN, AGED 40 YEARS, HOUSEWIFE, NAROTH HOUSE, TEMPLE GATE P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN SMT.P.GOPIKA RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR, KANNUR DISTRICT. 2. MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. GOVT. PLEADER SMT.T.T.JOSEPHINA ADV. SRI.G.S.REGHUNATH (SR.) FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1022 OF 2004 ------------------------ Dated this the 18th day of January, 2011 JUDGMENT Balakrishnan, J. The claimant is in appeal. The property belonging to the claimant was acquired for the purpose of KINFRA. An award was passed by the Land Acquisition Officer on 29/7/1999. The land value was fixed by the Land Acquisition Officer at the rate of Rs.2,500/- per cent. Though the claimant contended that she is entitled to get the land value fixed at the rate of Rs.25,000/- per cent, no evidence was adduced before the Reference Court. Hence, the Reference was answered by the learned Sub Judge confirming the award passed by the Land Acquisition Officer. 2. The learned counsel for the appellant submitted that in similar matters the Reference Court had awarded compensation fixing the land value at Rs.5,000/- per cent, as against which the KINFRA filed an appeal before this Court. In that appeal, land value was refixed at Rs.4,800/- per cent. It is submitted that land acquired in this case is similar in nature and similarly situated and so land value may be refixed at the rate of LAA.No.1022/2004 2 Rs.4,800/- per cent. Accordingly the appeal is allowed refixing the land value at the rate of Rs.4,800/- per cent. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A. Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk