IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 LA.App..No. 114 of 2009() ------------------------- LAR.62/1994 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- SAROJINI RAMADEVI, KALPANA BHAVAN, AYATHIL CHERI, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ```````````````````````````````` L.A.A. No. 114 of 2009 C ````````````````````````````````` Dated this the 28th day of January, 2010 J U D G M E N T Pius C. Kuriakose, J. This appeal by the claimants pertains to acquisition of land in Vadakkevila village of Kollam district for the purpose of construction of National Highway by-pass pursuant to Section 4(1) notification which was published on 05-08-1989. The Land Acquisition Officer awarded land value at the rate of Rs.9,176/- per Are for the properties which were included in Category II and a lesser rate for some portion of the land under acquisition. Under the impugned judgment which is in fact a revised judgment passed on the basis of remand judgment passed by this Court, the learned Sub Judge re-fixed the value of the entire land at Rs.9,500/- per cent. 2. Our attention is drawn by Mr.S.Santhosh LAA.114/2009 : 2 : Kumar to the judgment of this Court in L.A.A.No.203/2004. We find that L.A.A.No.203/2004 was an appeal filed by the claimants against Ext.A6, which was rightly relied on by the reference court in the impugned judgment. We notice that under the above judgment in L.A.A.No.203/2004, this Court has re-fixed the value of the land acquired therein included in Category II at Rs.13,500/- per cent. In order that a parity is maintained between the values ultimately awarded to parties, whose identical properties were acquired for the same purpose, it is necessary that the value given by this Court to the parties in L.A.A.No.203/2004 is awarded to the appellant also. Accordingly, we allow the appeal and re-fix the value of the land under acquisition at Rs.13,500/- per cent. It is needless to mention that the appellant will be entitled for all statutory benefits on the total enhanced compensation to which the appellant becomes eligible by virtue of the re-fixation done in this judgment. The appellant will be entitled for all statutory LAA.114/2009 : 3 : 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 costs. While drafting the decree and providing for interest, the Section will have due regard to the order passed by this Court in C.M.Application No.142/2009 dated 02-02-2009. (PIUS C. KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) aks