IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 LA.App..No. 755 of 2010() ------------------------- AGAINST THE DECREE DATED 27.11.2008 IN LAR.73/2005 of SUB COURT,THODUPUZHA .................... APPELLANT/APPELLANT/CLAIMANT: ------------------------------------- UNNIKRISHNAN NAIR, AGED 42 YEARS, S/O.KESAVAN NAIR, PRABHAKARAMANDIRATHIL, KOLANI P.O., THODUPUZHA. BY ADV. MR.K.K.CHANDRAN PILLAI RESPONDENTS/RESPONDENT AND B CLAIMANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTIRCT COLLECTOR, IDUKKI. 2. ASST.EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, K.S.E.BOARD, MOOLAMATTOM. GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN FOR R1 & R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, ALONG WITH LAA NO.858 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ L.A.A.Nos.755 & 858 Of 2010 ---------------------- Dated this the 3rd day of August, 2010. J U D G M E N T The appeals are directed against the judgment and decree in L.A.R.Nos.73/2005 & 72/2005 on the file of the Sub Court, Thodupuzha, respectively. The reference court allowed L.A.R.Nos.73/2005 & 72/2005 by re-fixing land value at the rate of Rs.34,400/- & Rs.38,221/- per cent respectively. These two reference cases along with four other cases were disposed of by a common judgment. The claimants in the above said four reference cases preferred appeals as L.A.A.No.470, 465, 674 and 748 of 2009. This Court by judgment dated 17.6.2010 allowed the appeals and enhanced the land value and re-fixed at the rate of Rs.86,450/- per Are. The said four appeals and these two appeals are connected appeals. The property under acquisition in all the cases are of the same value. By the very same judgment the reference court re-fixed the land value at the rate of Rs.34,400/- in L.A.R.Nos.69/2005 & 74/2005, Rs.38,221/- in L.A.R.Nos.70/2005 & 71/2005. All the four cases were L.A.A.Nos. 755 & 858 Of 2010 ::2:: considered together and this Court by the judgment above referred re-fixed the value at the rate of Rs.86,450/- per Are. Based on the judgment passed by the Division Bench of this Court, the appellants/claimants are also entitled to the same land value as fixed in the connected cases. Hence this Court re-fix the land value in L.A.R.Nos.72/2005 & 73/2005 at the rate of Rs.86,450/- per Are. In the result, the appeals are allowed. The claimants in both cases are entitled to the land value at the rate of Rs.86,450/- per Are. Appellants in both appeals are also entitled to all eligible statutory benefits under the Land Acquisition Act. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-