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 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 37 of 2005(D) ------------------------------------ (LAR.NO.356/2000 OF PRL.SUB COURT, KOZHIKODE) .................... APPELLANT/RESPONDENT: ---------------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. P.N. SUMANGALA. RESPONDENTS/RESPONDENTS/CLAIMANTS: ------------------------------------------------------------------ 1. CHOOLOOKKAYIL THIRUMALA, (DIED). 2. KELUKUTTY, 82 YEARS, H/O.THIRUMALA, THALAKKULATHOOR P.O. 3. ASOKAN, 44 YEARS, S/O.THIRUMALA, THALAKKULATHOOR P.O. 4. RARICHAKKUTTY, 42 YEARS, THIRUMALA, THALAKKULATHOOR P.O. 5. SURESH, 39 YEARS, THIRUMALA, THALAKKULATHOOR P.O. R3 TO R5 BY ADV. SRI.JESWIN P.VARGHESE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, ALONG WITH LAA NO.856 OF 2005 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. -------------------------------------------------------------- L.A.A. Nos.37, 856, 873 of 2005, 189, 357, 533, 654, 1349 & 1350 of 2007 & C.O.Nos.90 of 2007 in LAA.1349 of 2007 and 91 of 2007 in 1350 of 2007 ------------------------------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. All these appeals and memoranda of cross objections pertain to acquisition of land in Thalakulathur Village of Kozhikode District for the purpose of Calicut Bye-Pass. Lands were garden lands. Land Acquisition Officer awarded land value at the rate of Rs.5102/- per cent. Reference court under the impugned judgment re- fixed land value at Rs.25,000/- per cent in some other judgments and in few other judgments re-fixed land value at Rs.30,000/- per cent. 2. Very strong reliance is placed by Smt.P.N.Sumangala, learned Government Pleader on the judgment of this court in LAA.No.1683/2002. It is seen L.A.A.37/05 and connected cases 2 from that judgment that this court has re-fixed value of identical lands for the same purpose pursuant to same notification at Rs.18,000/- per cent allowing Government's appeals. Sri.Jeswin P.Varghese, learned counsel for the cross objector submitted that the re- fixation under LAA.1683/2002 was done by this court on the basis of the negative approval granted by this court to the above rate while dismissing a Government appeal. Counsel submitted that subsequently in several other matters pertaining to other villages this court had remanded the issue to the reference court and the reference court has awarded Rs.25,000/- to Rs.30,000/- per cent and even more amounts pursuant to the remands. Even though the submissions of Mr.Jeswin were persuasive, we are unable to accept them. LAA.1683/2002 was in respect of acquisition of identical property for same purpose pursuant to same notification. That being so, we are bound to follow the decision taken L.A.A.37/05 and connected cases 3 under that judgment. This means that all the Government's appeal will have to be allowed re-fixing the market value of land at Rs.18,000/- per cent. Cross objections are dismissed. Needless to mention that on the total enhanced compensation to which the claimants will be eligible by virtue of this judgment, they will be entitled for all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb