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 22ND JANUARY 2010 / 2ND MAGHA 1931 LA.App..No.2095 of 2008 (C) -------------------------------- LAR.105/1996 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ----------------------------- RAMLA BEEVI, LAJ BHAVAN, EZHIPPURAM, KOTTAKKERAM CHERRY, PARIPPALLY, REPRESENTED BY HIS P/A HOLDER MUHAMMED KUNJU LEBBA, LAJ BHAVAN, EZHIPPURAM, KOTTAKKERAM CHERRY, PARIPPALLY. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): RESPONDENT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2010, ALONG WITH LAA NO.2096 OF 2008 & LAA NO.2097 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.2095, 2096 & 2097 of 2008 ------------------------------------------------ Dated this the 22nd day of January, 2010 JUDGMENT Pius C. Kuriakose, J Claimants who are sisters are the appellants in these three appeals. Their property situated within the area of Paripally Grama Panchayath were acquired for the purpose of establishing a bottling unit at Paripally. The acquisition was pursuant to Section 4(1) notification published on 21/03/93. The Land Acquisition Officer awarded land value at the rate of Rs.4118/- per Are as against the appellants' claim of Rs.30,000/- per Are. The Reference Court under the impugned judgment re-fixed the same to Rs.5971.10/- per Are. L. A. A. Nos.2095, 2096 & 2097 of 2008 -2- The appellants relied on Exts.A1 to A3. Exts.A1 and A2 were sale documents reflecting an average land value of Rs.12,000/- per Are. Exts.A3 to A5 were the judgments of the court in respect of the same acquisition but as regards a slightly superior property. Under those documents, the court had re-fixed the land value of slightly superior property at Rs.11,398/- per Are. When proportionate increase is granted the re-fixed land value will come to Rs.10827/- per Are. It is submitted by Sri.P.B.Suresh Kumar, the learned counsel for the appellants that this Court by judgment in L.A.A.102/06 have approved Exts.A3 to A5. He also submitted that in L.A.A.102/06, the Requisitioning Authority itself was the appellant and thus, the approval of Exts.A3 to A5 is binding on them. The argument of the learned counsel was that since L. A. A. Nos.2095, 2096 & 2097 of 2008 -3- Exts.A3 to A5 have become binding on the Requisitioning Authority, no useful purpose will be served by permitting the above authority to contest the present case. We find merit in the above submissions of Sri.Suresh Kumar which are not seriously controverted by the Government. We are of the view that in view of the judgment of this Court in L.A.A.102/06, there is every justification for re-fixing the values of the lands under acquisition in these appeals at Rs.10827/- per Are. This would mean that over and above the enhancement granted by the Reference Court under the impugned judgments, the appellants will be entitled for further enhancement at Rs.4856/- per Are. We award additional land value of Rs.4856/- per Are to the three appellants over and above the enhancement granted by the Reference L. A. A. Nos.2095, 2096 & 2097 of 2008 -4- Court. However, the directions in the impugned judgment regarding the entitlement of the appellants for statutory interest admissible under Section 28 are confirmed. It is needless to mention that subject to the above, the appellants will be entitled for other statutory benefits admissible under Sections 23(2), 23 (1A) and 28 of the Land Acquisition Act. The appeals are allowed as above without any orders as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-