IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 603 of 2010() ------------------------- LAR.5/2004 of SUB COURT, HOSDRUG .................... APPELLANT(S): RESPONDENTS & REFERRING OFFICER IN LAR ----------------------------------------------------- 1. THE STATE OF KERALA,REP.BY DISTRICT COLLECTOR,KASARAGOD. 2. THE EXECUTIVE ENGINEER,N.H.DIVISION, KANNUR. 3. THE SPECIAL TAHSILDAR(L.A), N.H.KANNUR. BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT IN LAR ------------------------------ P.BHASKARAN MASTER(RTD) S/O.LATE P.KUNHAMBU,'ISHARI',ACHAMTHURUTHI.P.O, CHERUVATHUR VILLAGE. ADV. SRI.D.KRISHNA PRASAD FOR R1 SRI.D.NARENDRANATH FOR R1 SMT.O.K.SANTHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, ALONG WITH LAA NO. 1473 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ---------------------------------------------------------- LAA. Nos. 1473 of 2009 & 603 of 2010 ----------------------------------------------- Dated this the 14th day of January, 2011 J U D G M E N T Pius C.Kuriakose, J. LAA. No. 603 of 2010 is preferred by the Government and LAA. No. 1473 of 2009 is preferred by the claimant. Having considered the grounds raised in these appeal memoranda and the detailed submissions which were addressed before us by the learned counsel for the claimant Sri. D.Krishna Prasad and the learned Senior Govt. Pleader Smt. Latha T. Thankappan we feel that the impugned judgment and decree warrants interference to a certain extent. The value of the land under acquisition will stand refixed at Rs.60,000/- per cent as against the rate of Rs.50,000/- awarded by the court below based on Ext.A2. We do so because we notice that A2 was executed atleast five years prior to the relevant Section 4(1) notification. Appeals are allowed to the extent of refixing land value LAA. No. 1473/09 & 603/10 -2- at Rs.60,000/- per cent. In all other respects the impugned judgment will stand confirmed. We clarify that this refixation will apply only in respect of the garden lands. As far as the wet lands involved in the acquisition is concerned the rate fixed by the reference court is approved. (PIUS C.KURIAKOSE, JUDGE) (K. SURENDRA MOHAN, JUDGE) ksv/-