IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 1253 of 2009() -------------------------- LAR.55/1999 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANTS ----------------------- 1. K.V.M MOHAMMED ILLIAS @ BAVA, HAJIYARPALLY, MALAPPURAM. 2. K.V.M. HAFSATH @ KUTTIMOL, KAJIYARPALLY, MALAPPURAM. 3. K.V.M.SABITHA, HAJIYARPALLY, MALAPPURAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SECRETARY KSIDC, KESTON ROAD KAWDIAR, TRIVANDRUM. ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 SR. GOVT. PLEADER SRI. V.T.K.MOHANAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 1253 of 2009 ----------------------------------------------- Dated this the 27th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimants are in appeal. Their lands in Panakkad Village was acquired for the purpose of the KSIDC. The acquisition was pursuant to Section 4(1) Notification dated 14-9-1995. The LAO awarded land value at the rate of Rs.3360/- per cent. The reference court would re-fix the land value at Rs.4000/- per cent, thus granting enhancement by Rs.640/- per cent. This appeal is preferred claiming further enhancement of Rs.1000/- per cent. After hearing learned counsel for the parties, viz., Sri. Philip J.Vettickattu, learned counsel for the appellant and Sri.Joby Cyriac, for the requisitioning authority. Mr. Joby Cyriac was supported in his submissions by the learned Govt. Pleader Sri.V.T.K. Mohanan. Mr. Joby Cyriac would during the course of his submissions draw our attention to the LAA. 1253/09 -2- judgment of this Court in LAA.724 of 2004. He placed before us a copy of that judgment. Having considered the submissions addressed before us and the judgment of this Court in LAA. 724/04 we are of the view that the market value of the land under acquisition will have to be re-fixed at Rs.4500/- per cent. But we notice that the extent of the acquired property is very large and deduction of 10% has to be made following the view taken by the Supreme Court in LAO & Sub Collector, Gadwal v. Sreelatha Bhoopal, AIR 1997 SC 2552, Gafar & Ors. v. Moradabad Development Authority & anr. 2007 (7) SCC 614, and State of J & K v. Mohammed Mateen Wani, AIR 1998 SC 2470. Accordingly, we make a cut of 10% and re-fix the value of land under acquisition at Rs.4050/- per cent. 2. The appeal stands allowed only to the above limited extent. The appellants will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and Section LAA. 1253/09 -3- 28 of the land Acquisition Act. In the circumstances of this case, the appellants will get proportionate costs in this appeal. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-