IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 LA.App..No. 421 of 2006() ------------------------- LAR.198/2004 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT: CLAIMANT: -------------------- MARTIN, S/O. MATHEW, KOTTAKAL HOUSE, ANGAMALY VILLAGE, ALUVA TALUK. BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL RESPONDENTS: RESPONDENT: ------------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, ALONG WITH LAA NO.422 OF 2006 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.Nos.421, 422, 425, 444, 451, 453, 458, 466 & 467 of 2006 ---------------------------------------------- Dated 10th January, 2008. J U D G M E N T Kurian Joseph, J. These appeals are directed against the common judgment and decree passed in LAR 199/2004 and connected cases on the file of the Principal Sub Court, North Paravur. The claimants are aggrieved by the fixation of land value in the matter of acquisition of their properties for Idamalayar Irrigation Project. The reference court, after referring to Ext.A1 common judgment in LAR 30/02 and connected cases, has granted 70% enhancement over and above the land value fixed by the Land Acquisition Officer, for the properties covered by the very same notification and acquired for the very same purpose. But in the reference cases covered by these appeals, it is seen that the reference court has granted enhancement only upto 60%. According to the reference court, there is no independent evidence to fully rely on Ext.A1. The contention of many of the LAA Nos.421/06 & connected cases 2 appellants is that the their properties covered by the references under appeal are lying adjacent to the property covered by LAR 30/02 and connected cases(Ext.A1) and in the case of some of the appellants, it is even part of the acquisition covered by Ext.A1. If that be so, there is no justification in taking a different stand from that of the land value granted to the property covered by Ext.A1, since Ext.A1 has admittedly become final. 2. There is also a contention that the appellants have not been given the eligible statutory benefits. After having considered the contentions, we are of the view that the matter requires fresh consideration by the reference court. If as a matter of fact, the property covered by the references under appeal are lying adjacent to the property covered by LAR 30/02 and connected cases, the appellants herein shall also be granted enhancement at the rate of 70%, as granted in the said judgment, and also all eligible statutory benefits. We accordingly set aside the common judgment and decree under appeal and remit the cases to the reference court-Sub Court, North Paravur. The parties shall appear before the reference court on 4.2.2008 and the reference shall be answered before the court closes for LAA Nos.421/06 & connected cases 3 summer vacation. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A.Nos.421, 422, 425, 444, 451, 453, 458, 466 & 467 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th January, 2008.