IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 LA.App..No. 383 of 2009(A) ------------------------------- LAR.55/2004 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. MADHAVI AMMA, D/O LATE ITTILAVALAPPIL RAMAN EZHUTHASSAN, CHOORAKKATTUKARA DESOM, PUZHAKKAL VILLAGE, THRISSUR TALUK. 2. KARTHYAYANI AMMA, D/O LATE ITTILAVALAPPIL RAMAN EZHUTHASSAN, CHOORAKKATTUKARA DESOM, PUZHAKKAL VILLAGE, THRISSUR TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. THE SPECIAL TAHSILDAR, L.A. GENERAL, THRISSUR. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 & 3 GOVERNMENT PLEADER SRI.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.383 of 2009 ------------------------------------------------ Dated this the 14th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. Their property in Ayyanthole village was acquired pursuant to Section 4(1) notification published on 25/02/01 for the District Industries Centre. Reference Court under the impugned judgment re- fixed the land value at ` 2,850/- per cent. The original rate granted by the Land Acquisition Officer was ` 1,501/- per cent. 2. In this appeal the ground urged is that the market value re-fixed by the court is inadequate. Our attention is drawn by the learned counsel for the appellants Sri.Salil Narayanan to the common judgment of this Court in L.A.A.515/06 and connected cases. Sri.Salil submitted that under that judgment the value of identical land is re-fixed at ` 8050/- per cent. According to the learned counsel as there L. A. A. No.383 of 2009 -2- is a time gap of 1 ½ years between the Section 4(1) notification in those cases and the present case, there is justification for giving an increase of at least 20%. 3. The learned Government Pleader Sri.Shyamkumar per contra drew our attention to the judgment of this Court in L.A.A.741/07 and submitted that in that judgment, this Court would give approval to re-fixation only at the rate of ` 7,500/- per Are. According to him, there is no justification for granting to the appellants more than what was granted in that case. 4. Having considered the rival submissions, we are of the view that the common judgment of this Court in L.A.A.515/06 series has more probative value than the judgment referred to by the learned Government Pleader. The properties were in Ayyanthole village within the limits of Thrissur Municipality and close to the Thrissur - Guruvayoor road. It is not disputed before us that the common judgment in L.A.A.515/06 series has attained finality. We follow the above common judgment and re-fix the market value of the L. A. A. No.383 of 2009 -3- land under acquisition at ` 8050/- per cent. We are not inclined to grant additions for passage of 1 ½ years time. The appeal is allowed re-fixing the land value at ` 8050/- per cent. The appellants will be entitled for all statutory benefits admissible on the re-fixed compensation under Sections 23 (2), 23(1A) and under Section 28 of the Land Acquisition Act. 5. The appeal is allowed, however without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-