IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 LA.App..No. 425 of 2009(A) -------------------------- LAR.68/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. DR.R.KRISHNAN, ASWANI CLINIC, CURZON ROAD, KOLLAM-691 013. 2. SIBY K.THOMAS, 8B2, ABM TOWERS, KADAVANTHRA, KOCHI-682 020. 3. SUNIL ELIAS, SON OF K.S.ELIAS, KALATHIL, PACHALAM P.O., KOCHI-682 012. 4. VARGHESE GEORGE, SON OF GEORGE, KOODATHUM MURIYIL, VENNIKKULAM P.O., THIRUVALLA, REPRESENTED BY HIS POWER HOLDER M.K.MATHEW, MURICKANADIYIL HOUSE, THATHAMPILLY WARD P.O., ALAPPUZHA-688 013. 5. M.MUKESH BABU, SON OF O.MADHAVAN, KIZHAKKEVEEDU, VADAKKEVILA P.O., KOLLAM. 6. JOHN JOSEPH, BRANCH MANAGER, STATE BANK OF TRAVANCORE, BB BRANCH, 729, CMH ROAD, INDIRA NAGAR, BANGALORE-560 038. BY ADV. SRI.A.V.THOMAS SRI.NIDHI SAM JOHNS SRI.N.A.ABHILASH RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LAND ACQUISITION) GENERAL, ERNAKULAM, KOCHI-682 030. 2. THE EXECUTIVE ENGINEER, P.W.D. (ROADS) DIVISION, ERNAKULAM. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2011, ALONG WITH LAA NO. 1687 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos.1687 OF 2007 & 425 OF 2009 ------------------------ Dated this the 28th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. As requested by Sri.A.V.Thomas, learned counsel for the appellants, we have heard him and the learned Government Pleader Sri.V.T.K.Mohanan again. 2. These appeals are preferred by the claimants and they pertain to acquisition of land in Cheranalloor Village for the purpose of construction of Chittoor - Vaduthala bridge. Under the impugned judgments, the Reference Court has refixed the land value for the lands involved in L.A.A. No. 1687/2007 at Rs.1,23,750/- per Are and at the rate of Rs.1,56,000/- per Are for the lands involved in L.A.A. No.425/2009. 3. The claimants in these appeals are claiming 1,00,000/- per Are as further enhancement over the rate fixed by the Reference Court. We notice the judgment of this court in L.A.A. No.397/2006. The above judgment is in respect of acquisition of LAA.Nos. 1687/2007 & 425/2009 2 land for the same purpose and situated in the same village. But, the notification under Section 4(1) in respect of the properties involved in L.A.A. No.425/2009 was two years earlier while the notification for L.A.A. No.1687/2007 was just one month subsequent to the notification in the present case. We notice under the judgment in L.A.A. No.397/2006 the land value has been refixed at Rs.1,60,000/- per Are. Since L.A.A. No.1687/2007 is more or less at the same time, we allow that L.A.A. to the extent of refixing the market value of land at Rs.1,60,000/- per Are. But, as there is a difference of about two years in L.A.A. 425/2009, additions at the rate of 12.5 percent per year have to be made to the above rate. We notice in this connection that the property was situated in a semi urban area. L.A.A. No.425/2009 will stand allowed to the extent of refixing the market value at Rs. 2,00,000/- per Are. 4. Both these appeals are allowed as above. The appellants/claimants will be entitled for statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the refixed compensation to which they become eligible by virtue of this judgment. However, while calculating the LAA.Nos. 1687/2007 & 425/2009 3 interest under Section 28, the Section will have due regard to the conditions imposed by this court in the orders condoning the delay. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk