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 28TH JUNE 2010 / 7TH ASHADHA 1932 LA.App..No. 1228 of 2009(B) -------------------------- LAR.427/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR(LA),N.H.NO.1,KOZHIKODE. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT ----------------------- 1. KUNNATHERI RAJAGOPALAN, CHEVARAMBALAM POST, KOZHIKODE TALUK AND DISTRICT. 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. ADV. SRI.G.S.REGHUNATH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1228 of 2009 and Cross Objection No.58 of 2010 ---------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Having regard to the decision taken by us in our own judgment in LAA.No.774/2006, the LAA.1228/2009 filed by the Government has to fail. Hence we dismiss that appeal but without any order as to costs. But we notice Cross Objection No.58/2010, which is preferred by the claimant, pertaining to enhancement of compensation to the wet lands which were acquired from the possession of the cross objector. For these wet lands the Land Acquisition Officer awarded land value at the rate of Rs.3,427/- per cent which the court re-fixed under reference at Rs.15,000/- per cent. We notice that under our own judgment in LAA.774/2006 we re-fixed value of identical wet lands at Rs.50,000/- per L.A.A.1228/09 &CO.58/2010 2 cent. The claim in the memorandum of Cross Objection is for re-fixation of the value of land at Rs.18,000/- per cent. The Cross Objection has to be upheld completely. We uphold the Cross Objection re-fixing the value of 46.19 cents of wet land acquired from the possession of the cross objector at Rs.18,000/- per cent. Cross objector will be entitled for all statutory benefits also. Cross objection is allowed with costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb