IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 LA.App..No. 950 of 2005() ------------------------- LAR.128/1987 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANTS ----------------------- 1. GEORGE JACOB, S/O.THANKAMMA, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 2. RAJAN JACOB, S/O.THANKAMMA, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 3. MOHAN JACOB, S/O.THANKAMMA, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 4. VALSA, W/O. ABRAHAM, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 5. MAYMOL, W/O.SHERIFF, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 6. JOLLY, W/O.VALSAN, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. 7. DARLY, W/O.GEORGE, MANJANATTU VEEDU, NEAR WATER WORKS, ALUVA.P.O. BY ADV. SRI.P.M.KUNJIMOIDEENKUTTY SRI.P.A.MOHAMMED ASHROF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.T.K.SAIDALIKUTTY SMT.ROOPREKHA D.KAMATH RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, TRIVANDRUM. ADV. SRI.BABU VARGHESE, SC, KWA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No. 950 OF 2005 ------------------------ Dated this the 15th day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the claimants and the case pertains to acquisition for establishment of water treatment plant at Aluva. The relevant section 4(1) notification was published on 19/7/1981 and the land acquisition officer had included this property in category 1 (properties with road frontage). The land acquisition officer awarded land value at the rate of Rs.7410/- per Are. The reference court under the impugned judgment refixed the land value at Rs.15135/-per Are. Our attention is drawn by Sri.Ziyad Rahman, learned counsel for the appellants, to the judgment of a Division Bench of this court, to which one of us (PCK(J)) was also party, in L.A.A.No.74/2004 and connected cases. A copy of the said judgment is also made available for our perusal. On going through the common judgment in L.A.A. No.74/2004 series , it is seen that this court has refixed the value of the properties in category 1 at Rs.24,000/- per Are. Under the above circumstances, we do not L.A.A.No.950/2005 2 find any reason as to why the value of the acquired land in this case also should not be refixed at Rs.24,000/- per Are. 2. Accordingly, allowing this appeal, we refix the land value of the acquired properties in this case at Rs.24,000/- per Are. The appellants will be entitled for all statutory benefits admissible under Section 23(2),23(1A) and Section 28 of the Land Acquisition Act for the total enhanced compensation to which they become eligible by virtue of our refixation as above. This appeal will stand allowed as above, but in the circumstances, without any order as to costs. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk