IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 LA.App..No. 255 of 2005() ------------------------- LAR.72/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. N.K.PADMANABHAN, PADMALAYAM, ERANHOLI PO THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 2. N.K.KRISHNAN, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 3. N.K.JANARDHANAN, PADMALAYAM,ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 4. N.K.GOPALAN, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 5. N.K.PADMAVATHY, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 6. N.K.PRASANNAKUMARI, PADMALAYAM, ERANJOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 7. N.K.GANGADHARAN, PADMALAYAM, ERANHOLI PO THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 8. N.K.VIJAYALAKSHMI, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 9. N.K.PREMAVALLY, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 10. N.K.VINAYAKUMAR, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 11. N.K.SHYJA, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 12. BHOOPESH, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 13. REJITH KUMAR, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 14. SREEJITH KUMAR, PADMALAYAM,ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 15. N.K.SAJITH KUMAR, PADMALAYAM,ERANHOLI PO THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 16. N.K.REENA, W/O.GANGADHARAN, PADMALAYAM, ERANHOLI PO, THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. 17. N.K.SARASWATHY, PADMALAYAM, ERANHOLI PO THALASSERY, KADIRUR AMSOM, PANNIAM DESOM, THALASSERY. (REPRESENTED BY THE POWER OF ATTORNEY HOLDER N.K.GOPALAN, RESIDING AT DO. DO. ) BY ADV. SRI.SERGI JOSEPH THOMAS SRI.JYOTHI S.MENON RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R2 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT NO REPRESENTATION FOR THE APPELLANT. THE APPEAL WILL STAND DISMISSED FOR DEFAULT. 2/6/2009 SD/- PIUS C.KURIAKOSE, JUDGE. SD/- P.A. BARKATH ALI, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.255 & 330 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. We have today by a separate common judgment decided L.A.A.No.2489/08 filed by the claimant and L.A.A.No.451/08 filed by the government against the judgment and decree of the same court in L.A.R.No.293/2001. Those appeals also pertain to acquisition for the same purpose as in their appeals. In those cases we have refixed the land value of garden lands having direct frontage of the state highway at Rs. 8,000/- per cent and wet lands having such direct frontage at Rs. 4800/- per cent. In the instant case, the land acquisition officer awarded land value of Rs. 4116/- per cent for dry lands and Rs. 2500/- per cent for garden lands. Under the impugned judgment, the reference court refixed the land value at Rs. 5500/- per cent for garden lands and Rs. 3000/- per cent for wet lands. 2. Even though, the land acquisition officer awarded same rate of land value for the properties in these cases as well as the properties in the cases covered by L.A.R.No.293/2001, we find that the property in that case was superior in the sense that the property was having direct frontage of LAA.No.225&330 of 2005 2 state highway. The evidence in this case reveals that there is no direct frontage of state highway, but the properties under acquisition was enjoying direct frontage of a bye-pass connecting state highway and a public road. Therefore it is only proper that proportionate enhancement is given to the properties under acquisition in these cases also relying to a certain extent on our common judgment in those appeals. Accordingly, we refix the land value of dry lands involved in these cases at Rs. 6300/- per cent and of wet lands involved in these cases at Rs. 3800/- per cent . It is needless to mention that the appellants/claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of our refixation under this judgment. The appeals allowed as above, but, in the circumstances without any order as to costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.225&330 of 2005 2