IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 LA.App..No. 451 of 2008() ------------------------- LAR.293/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): IST RESPONDENT IN LAR ----------------------------------- STATE OF KERALA, REP.BY DISTRICT COLLECTOR, KANNUR. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT IN LAR ------------------------------------------------ 1. MANDALI VALLUVA RAVEENDRAN, LEE VIHAR, NETAJI ROAD, CHIRAKKAL P.O., ERANHOLI AMSOM AND DESOM, THALASSERY. 2. KALIYANTAVIDA LEELA, W/O.RAVEENDRAN, LEE VIHAR, NETAJI ROAD, CHIRAKKAL P.O., ERANHOLI AMSOM AND DESOM, THALASSERY. 3. THE MANAGING DIRECTOR, KINFRA, VELLAYAMBALAM, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R3 SRI.R.SURENDRAN FOR R1,2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2009 ALONG WITH LAA.NO.2489/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.451 & 2489 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. L.A.A.No.451/08 is filed by the government and L.A.A.No.2489/08 is filed by the claimant. The case pertains to acquisition of land in Eranholi village for the purposes of the KINFRA 's Industrial Development Centre at Thalassery. The land acquisition officer awarded land value at the rate of Rs. 4116/- for garden lands and for wet lands, he awarded land value of Rs. 2500/- per cent. The reference court under the impugned judgment refixed the value of garden lands at Rs. 8,000/- per cent and similarly the value of wet lands was refixed at Rs. 5,000/- per cent. 2. In the government's appeal, the government challenge the enhancement mainly on the reason that in most of the other cases covered by the very same acquisition, the court has fixed land value at Rs. 5,500/- per cent and Rs. 3000/- per cent respectively. But on going through the impugned judgment, we find that the court had a justification for doing what it did. The court had relied on its judgment in another case where for properties having direct frontage of state highway, value of dry lands was LAA.No.451/08 & 2489/08 2 fixed at Rs. 8,000/- per cent ( L.A.R.No.21/2001). It is seen that the properties under acquisition in these cases were also enjoying direct frontage of a state highway. 3. Sri.R.Surendran, learned counsel for the appellants/claimants placed strong reliance on Ext.A3 judgment and the judgment in L.A.R.No.288/2001. According to him, the above judgments have been approved by this court in L.A.A.No.559/2008. The learned Government Pleader does not agree . According to the learned Government Pleader, the judgment in L.A.A.No.559/2008 came to be decided along with a batch of hundreds of cases pertaining to acquisition for KINFRA in Kakkanand in Ernakulam district. A review petition has been filed seeking a review of that judgment. Having considered the impugned judgment, we feel that the refixation of land value of garden lands at Rs. 8,000/- per cent by the learned Subordinate Judge was proper. We approve the same. At the same time, we feel that he should have maintained the ratio fixed by the land acquisition officer in his award between the values of garden lands and wet lands. Therefore, allowing the government's appeal in part, we refix the value of wet lands at Rs. 4,800/- per cent. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Section 23(1A), LAA.No.451/08 & 2489/08 3 23(2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of our refixation of values under this judgment. The appeal filed by the government is allowed to a limited extent. L.A.A.No.2489/08 is dismissed. But in the circumstances, parties are directed to suffer their costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.451/08 & 2489/08 4