IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No. 1502 of 2008(A) -------------------------- LAR.160/2003 of SUB COURT, CHERTHALA .................... APPELLANT(S)/CLAIMANT: ---------------------------- MADHAVI AMMA D/O. PARVATHI AMMA KALYANI ELANJIKALAYA THYPPARAMBIL,PALLIPPURAM, CHERTHALA. BY ADV. SRI.N.NAGARESH RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. MANAGING DIRECTOR KSIDC, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.D.KRISHNANKUTTY PILLAI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1502 of 2008 ------------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Pius C. Kuriakose, J The claimant being aggrieved by the award of the Land Acquisition Reference Court is in appeal. Her properties were acquired for the purposes of Industrial Growth Centre of the KSIDC at Pallippuram in Cherthala thaluk. The Land Acquisition Officer awarded land value at the rate of Rs.7876/- per Are. Under the impugned judgment the same was re-fixed at Rs.9845/- per Are. The main grievance of the appellant/claimant is that in many other cases the value of Rs.7876/- per Are was re-fixed by the Reference Court at Rs.17297/- per Are. Ext.A1 L. A. A. No.1502 of 2008 -2- common judgment in LAR.29/01 is cited in ground 'C' of the appeal as an example. 2. We have heard the submissions of Mr.N.Nagaresh, the learned counsel for the appellant and those of Mr.Krishnankutty Pillai, the learned Standing Counsel for the Requisitioning Authority. We have heard Mr.Basant Balaji, the learned Senior Government Pleader also. It is not disputed either by Mr.Krishnankutty Pillai or by Mr.Basant Balaji that the enhancement of land value from Rs.7876/- to Rs.17297/- per Are was approved not only by this Court but also by the Supreme Court. The Land Acquisition Officer having treated the property under acquisition in this case to be of the same value as the properties in LAR.29/01, we do not find any reason for denying that value to the property of the appellant. L. A. A. No.1502 of 2008 -3- We set aside the judgment and decree under appeal and re-fix the value of the properties under acquisition at Rs.17,297/- per Are. 3. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. It is made clear that the appellant will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of the re-fixation done under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-