IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 LA.App..No. 639 of 2006(D) -------------------------- LAR.375/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS B, D TO K: ---------------------------------- 1. PREM RAJ, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 2. BABURAJ, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 3. UNNIKRISHNAN, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 4. JAYAKRISHNAN, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 5. ANANTHA KRISHNAN, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 6. SATHIANARAYANAN, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 7. VIJAYA LAKSHMI, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 8. SUNIL DATH, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. 9. RAJESH, KARUTHEDATH HOUSE, P.O. VENGERI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENT: -------------------------- THE SPECIAL TAHSILDAR (LA), NH II, KOZHIKODE. BY SENIOR GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.639 of 2006 ---------------------------------- Dated this the 17th day of May, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimants are in appeal. Their lands in Vengeri Village of Kozhikode District was acquired for the construction of Kozhikode bye-pass. The Land Acquisition Officer awarded land value at the rate of Rs.7,101/- per cent. The reference court, on the basis of evidence that came on record, refixed the land value at Rs.20,000/- per cent. Various grounds are raised in this appeal and the learned counsel for the appellant addressed strenuous arguments on the basis of all those grounds. Eventhough the submissions of the learned counsel for the appellant were resisted by the Senior Government Pleader Smt. Latha T. Thankappan, having gone through the judgment of this court in LAA.1741/2002 (judgment in respect of identical property acquired for the same purpose pursuant to a notification less than two months subsequently) we feel that the appeal can be allowed to the extent of refixing the market value of the L.A.A.639/2006-D 2 land at Rs.30,000/- per cent. Hence in modification of the impugned judgment and decree we refix the land value under acquisition at Rs.30,000/- per cent, thus awarding Rs.10,000/- per cent more than what is awarded by the reference court. Appeal is allowed to the above extent. Parties are directed to suffer their costs. Needless to say that on the total enhanced compensation the appellants/claimants will be entitled for all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb