IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 LA.App..No. 38 of 2010(D) ------------------------- LAR.97/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ---------------------- VAZHAYIL KARAYI PRASANNA KUMARI, D/O.KUNHIKANNAN, AGED 53, HOUSEWIFE, RESIDING AT `PRASANNAM', MOOZHIKKARA, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S)/RESPONDENT: --------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION, THALASSERY, KANNUR DISTRICT. BY GOVT.PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2010, ALONG WITH LA.A.39/2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.Nos.38, 39,40,60 OF 2010 ------------------------ Dated this the 9th day of March, 2010 JUDGMENT Pius C.Kuriakose, J. All these appeals are preferred by the claimants. The case pertains to acquisition of land in Kodiyery village for the purpose of Malabar Cancer Care Society. The relevant Section 4 (1) notification was published on 4/10/1997. The Land Acquisition Officer awarded land value at the rate of Rs.1500/- per cent. The Reference Court under the impugned judgment refixed the land value at Rs.2500/- per cent. 2. Sri.R.Surendran, learned counsel for the appellants would draw our attention to the revised judgment passed by the Subordinate Judge in L.A.R. Nos. 39/1993 and 94/1993. He submitted that those judgments have become final in the sense that the Government did not preferred any appeal against them. According to him, under those judgments the reference court has fixed the land value at Rs.5000/- and hence the same rate be awarded for the properties involved in these cases also. 3. The above request of Sri.R.Surendran is opposed by LAA.Nos.38/2010 & others 2 Smt.Latha T.Thankappan, learned senior Government Pleader. According to her, the percentage of increase awarded by this court in cases like L.A.A. No.301/2005 corresponding to L.A.R. No. 71/1998, which involved acquisition of superior category of land, is only 165%. The maximum increase that can be granted to the appellants in these cases based on that judgment is only Rs.3,975/-. According to her, judgment in LAR Nos. 39/1993 and 94/1009 have not become final. 4. In reply, Sri.Surendran drew our attention to Section 28A of the L.A.Act. According to him, Section 28A operates and hence there is every justification for awarding land value at the rate of Rs.5000/- per cent. 5. Having considered the rival submissions, we are of the view that it is not proper at this stage to refix the land value at the rate of Rs.5000/- per cent. We are of the view that, since the ratio fixed by the Land Acquisition Officer in his award between the values of various categories of lands is not under challenge, the same ratio has to be maintained in respect of the values refixed ultimately by this court. If that principle is applied, the maximum value that can be awarded on the basis LAA.Nos.38/2010 & others 3 of L.A.A. No.301/2005, which has attained finality, is Rs.3974/-. However, we feel that in these cases taking all relevant inputs into account, the market value of the land under acquisition can be refixed at Rs.4000/- per cent. It is accordingly refixed. 6. The appeals are allowed as above. It is needless to mention that all the appellants will be entitled for all statutory benefits admissible under Section 23(2) , 23(1A) and Section 28 of the Act on the enhanced compensation to which they become eligible by virtue of this judgment. The parties are directed to suffer their respective costs. While drawing up the decree, the Registry will have due regard to the conditions imposed by this court while condoning the delay caused in the matter of filing the appeals. The decree copies will be issued to the appellants only upon the entire balance court fee being remitted by the appellants within one month from today. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk