IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 LA.App..No. 263 of 2011(A) ------------------------------- LAR.71/2004 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S)/CLAIMANT: ----------------------------- ANDIKUTTY, S/O UNNIPERAAVAN, PANARUKUDY HOUSE, KARUVASSERY, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. THE SPECIAL TAHSILDAR (LA) KOZHIKODE-673 001. 2. THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION BUILDING, KOZHIKODE - 673 001. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2011, A/W LAA.264/11 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.263, 264 & 265 of 2011 ------------------------------------------------ Dated this the 7th day of April, 2011 JUDGMENT Pius C. Kuriakose, J All these are appeals preferred by the claimants whose land in Vengeri village were acquired for the purpose of widening the Karaparamba - Canoli Canal Road pursuant to Section 4(1) notification published on 14/07/2000. The Land Acquisition Officer awarded land value at the rate of Rs.10,970/- per cent. The Reference Court under the impugned judgment on evaluating the evidence which came on record would re-fix the land value at Rs.55,000/- per cent. 2. When these appeals came up for admission, the learned senior Government Pleader Smt.Latha T. Thankappan has taken notice and we have heard her also. L. A. A. Nos.263, 264 & 265 of 2011 -2- Our attention was drawn by Sri.K.A.Salil Narayanan, the learned counsel for the appellants to our own recent judgment in L.A.A.991/10. According to Sri.Salil Narayanan, the above judgment covers the issue to a considerable extent in favour of the appellants. He would place before us a copy of the above judgment. It is seen from the above judgment that the same pertains to the same acquisition and for the properties covered by that judgment same value was awarded by this court. We find that under the above judgment, the market value was re-fixed by us at Rs.80,000/- per cent. 3. Smt.Latha T. Thankappan, the learned senior Government Pleader would fairly submit that the judgment in L.A.A.991/10 has probative value and acquisition was for the same purpose and the property was identical. She would submit that the above judgment has not attained finality. Notwithstanding the above submission of Smt.Latha that the L. A. A. Nos.263, 264 & 265 of 2011 -3- judgment in L.A.A.991/10 has not attained finality, we feel that on considerations of justice as well as judicial discipline, we should follow our own judgment in L.A.A.991/10. Hence, relying on that judgment, we allow all these appeals and re- fix the market value of land under acquisition at Rs.80,000/- per cent. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties will suffer their respective costs. Registry will issue decree copy to the appellants only after ensuring that the full court fee payable on the appeal memo is remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. Nos.263, 264 & 265 of 2011 -4-