IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 LA.App..No. 1529 of 2009() -------------------------- LAR.37/2001 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANTS ----------------------- 1. KUMMALI ABOOBACKER, S/O.MUHAMMED KUTTY, CHIRAYIL DESOM, NEDIYIRUPPU, ERANAD TALUK, MELANGADI, KONDOTTY, MALAPPURAM. 2. KUMMALI SAIDALAVI, S/O.MOHAMMED KUTTY, RESIDING AT -DO-. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENTS -------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. SR. GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1529 OF 2009 ................................................................... Dated this the 14th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The claimants are in appeal. Their properties in Pallickal village were acquired for construction of the diversion road to Kondotty - Thirurangadi road route-I, pursuant to Section 4(1) notification published on 7.2.1996. The L.A. Officer awarded land value at the rate of Rs.5,250/- per cent. The reference court on evaluating the evidence would refix the land value at Rs.8,064/- per cent. Thus awarded an enhancement of Rs.2,814/- per cent. In this appeal, the appellants claim refixation of the land value at Rs.11,990/- per cent. Having considered the rival submissions addressed before us by Sri. Philip J. Vettickattu - learned counsel for the appellants and Sri.C.R. Shyam Kumar, learned Senior Government Pleader and having kept in mind various other judgments of this Court pertaining to acquisition of land in Pallickal village at various point of time including the common judgment in LAA.No.911/2003 and the judgment in L.A.A.NO.1529 OF 2009 : 2 : LAA.No.2415/2008, we are of the view that the appellants are entitled for enhancement. We refix the value of the land under acquisition at Rs.12,000/- per cent. The appeal is allowed as above. The appellant will be entitled for statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the L.A. Act. However while interest under Section 28 is provided in the decree, section will have due regard to the conditions imposed by this court by its order in C.M.Appln.No.2111/2009. The appellants will be entitled for proportionate costs also. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl