IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 LA.App..No. 559 of 2010(D) -------------------------- APPELLANT/ CLAIMANT: -------------------------- RAMAKRISHNAN NAIR, NEPHEW OF PADMANABHAN NAIR, AKKAL, MANAKKADU. BY ADV. MR.S.ANANTHAKRISHNAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI. GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ L.A.A.No.559 Of 2010 ---------------------- Dated this the 6th day of August, 2010. J U D G M E N T The claimant in L.A.R.No.6 of 2004 on the file of the Sub Court, Thodupuzha, is the appellant. The appeal is directed against the judgment and decree dated 27.8.2008. An extent of 1.20 Ares (2.965 cents) of land belonging to the appellant was acquired for the purpose of widening the Thodupuzha- Ramamangalam public road. Section 4(1) notification was published on 10.8.1999. The court below re-fixed the compensation at the rate of Rs.33,350/- per cent. The enhancement was granted relying on Annexure A1 judgment in L.A.R.No.16 of 2001 of the same court. The property covered by L.A.R.No.16 of 2001 was also acquired under the very same notification for the very same purpose. The land value awarded is also the same. Therefore the court below awarded the same value as in Annexure A1. The claimant in L.A.R.No.16 of 2001 filed L.A.A.No.1695 of 2007 challenging the quantum of compensation awarded and claimed enhanced compensation. This Court in appeal re-fixed the land value at the rate of L.A.A.No.559 Of 2010 ::2:: Rs.50,000/- per cent. Since the land value was re-fixed by this Court, the appellant is also entitled to the very same land value because the properties were found to be similarly situated. In the result, the appeal is partly allowed. The land value is re-fixed at the rate of Rs.50,000/- per cent. It is made clear that the appellant is entitled to all the eligible statutory benefits. Since the matter is disposed of at the admission stage, the balance court fee is payable by the appellant. The balance court fee shall be paid within two weeks. The decree shall be drawn up after payment of the balance court fee. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-