IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 LA.App..No. 1939 of 2008(D) -------------------------------------- LAR.NO.70/2007 OF III ADDL.SUB COURT, ERNAKULAM. .................... APPELLANT/CLAIMANT: ----------------------------------- SMT. KADEEJA, D/O. KUNJIMOOSA, VALIYAVEETIL HOUSE, CHERANELLUR VILLAGE, KANAYANNUR TALUK. BY ADVS. MR.C.P.WILSON, SMT.ROSE MICHAEL, MR.P.H.RISHAD, MR.P.A.HILAL. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), N.H NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, N.H BRIDGES DIVISION, VYTTILA. R1 BY GOVT. PLEADER SMT. LATHA. T. THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------- L.A.A No.1939 of 2008 -------------------------- Dated this the 18th January, 2010 J U D G M E N T PIUS C. KURIAKOSE, J. This is an appeal filed by the claimant. The case pertains to acquisition of land in Cheranelloor Village. The purpose of the acquisition was the construction of National Highway-17. The acquisition was pursuant to a notification under Section 4 (1) dated 14.3.2002. The Land Acquisition Officer awarded land value at the rate of Rs.1,08,800/- per are. The reference court on evaluating the evidence that came on record refixed the land value at Rs.1,41,440/- per are thus granting an increase of 30% over the land value that was awarded by the Land Acquisition Officer. 2. Smt.Rose Michael, the learned counsel for the appellant drew our attention to the advent of this Court in L.A A No.1913 of 2008. According to her, that judgment is in respect of identical property acquired for the same purpose. It is conceded by the learned Senior Government Pleader that the judgment in L.A.A No.1913 of 2008 has L.A.A No.1939 of 2008 2 attained finality. We notice that under L.AA No.1913 of 2008, this Court has refixed the value of land at Rs. 1,07,716/- per are. In order that consistency is maintained, same value has to be awarded for similar properties. We are inclined to follow the decision in L.A.A No.1913 of 2008. 3. Accordingly, allowing the appeal, we refix the value of land at Rs.1,07,716/- per are. It is made clear that the appellant will be entitled for all statutory benefits admissible under Section 23 (1) (A), 23 (2) and Section 28 of the Land Acquisition Act for the total compensation as refixed under this judgment. Appeal is allowed as above without any order as to costs. PIUS C. KURIAKOSE ,JUDGE C.K. ABDUL REHIM,JUDGE ma L.A.A No.1939 of 2008 3 L.A.A No.1939 of 2008 4 L.A.A No.1939 of 2008 5 L.A.A No.1939 of 2008 6