IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 1243 of 2009() & C.O.70/2010 -------------------------- (LAR NO.230/98 OF THE PRL.SUB COURT, KOZHIODE. ) APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.T.HANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ 1. MUTHIRAKALYIL ASHA ALIAS KALLIANI (DIED), MALAPPARAMBA POST, CHEVAYOOR DESOM, KOZHIKODE. 2. CHANDRAMATHY, D/O.ASHA ALIAS KALLIANI, CHEVAYOOR DESOM, KOZHIKODE. ADV. SRI.V.V.SURENDRAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2010, ALONG WITH C.O.NO.70/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.L.JOSEPH FRANCIS, JJ. ------------------------ L.A.A.No. 1243 OF 2009 & C.O. No.70 of 2010 ------------------------ Dated this the 30th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to refixation of compensation by the Reference Court in a case pertaining to acquisition of land in Chevayoor Village for the purpose of construction of Kozhikode Bye pass. The Land Acquisition Officer awarded land value at the rate of Rs.13,200/- per cent, which was refixed by the Reference Court under the impugned judgment on the basis of the evidence which came on record at Rs.50,000/- per cent. In this appeal preferred by the Government, it is contended that the rate fixed by the Court is exorbitant. But, the claimant has filed a Cross Objection wherein she contends that the rate fixed by the Court is inadequate. 2. We have heard the submissions of Smt.Latha T.Thankappan, learned senior Government Pleader and those of Sri. P.A.Harish, learned counsel for the Cross Objector/claimant. We notice the judgment of this Court in L.A.A. NO.1096/2009 and the judgments in other cases pertaining to acquisition of LAA.No.1243/2009 & CO.70/2010 2 land in Chevayoor village pursuant to the same notification for the same purpose. According to us, the decision of this Court in L.A.A. No.1096/2009 decides the issue against the Government and in favour of the claimant. Following the decision taken in that judgment, we dismiss the appeal preferred by the Government and uphold the cross objection to the extent of refixing market value of the land under acquisition at Rs.60,000/- per cent. The Cross objection stands allowed as above. The claimant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE M.L.JOSEPH FRANCIS , JUDGE dpk