IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 LA.App..No. 782 of 2010() ------------------------------- LAR.196/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ---------------------------------- STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR (LA) NH-II, KOZHIKODE. BY GOVERNMENT PLEADER SMT. ROSE MICHEAL RESPONDENT(S): CLAIMANTS ----------------------------------- 1. NADUVILAKKANDY MOOTHORAN (DIED), THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. 2. NADUVILAKKANDY KALLYANI, THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. 3. NADUVILAKKANDY THILAKAN, THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. 4. NADUVILAKKANDY LAKSHMI, THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. 5. NADUVILAKKANDY RAMANI, THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. 6. NADUVILAKKANDY MURALEEDHARAN, THALAKKULATHUR, KOZHIKODE DISTRICT,PIN 673317. R3 TO 6 BY ADV. SRI.JESWIN P.VARGHESE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 782 of 2010 --------------------------------- Dated this the 24th day of October, 2011 JUDGMENT Pius C.Kuriakose ,J. Government is in appeal. The property was in Thalakkulathur Village. Acquisition was pursuant to section 4(1) notification published on 14.1.1993. The Land Acquisition Officer awarded land value at Rs.5,612/- per cent. Reference court under the impugned judgment refixed the value at Rs.25,000/- per cent. Sri.Rose Micheal, learned Government Pleader draw our attention to the judgment of this court in LAA.No.1683/2002 and submitted that the value of land in Thalakkulathur village acquired for the same purpose was refixex at Rs.18,000/- per cent. Learned counsel for the claimants per contra submitted that in LAA.No.1683/2002 this court had refixed the value at Rs.18,000/- in a case the Land Acquisition Officer had awarded Rs.5102/- per cent. We find some force in the submission of the counsel. Claimants are entitled to proportionate increase relying on the judgment in LAA.No.1683/2002 and maintaining the ratio LAA.782/2010 2 between the value awarded in that case and in the present case by the Land Acquisition Officer. We allow this appeal and refix the market value of the land at Rs.19,755/- per cent. Appeal is allowed to the above extent. Claimants will be entitled for all statutory benefits on the total enhanced compensation admissible under section 23(1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.782/2010 3