IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH NOVEMBER 2007 / 24TH KARTHIKA 1929 LA.App..No. 1072 of 2005() -------------------------- (LAR 41/93 ON THE FILE OF THE SUBORDINATE JUDGES COURT, KOZHIKODE) APPELLANT: ----------- 1. AYANIKKATTU VANAJAKSHY, D/O.CHOYI. 2. A.GIRIJA, D/O.CHOYI. 3. A.VIJAYAN, S/O.CHOYI. 4. A.SATHIANANDHAN, S/O.CHOYI, ALL ARE RESIDING AT AYANIKKATTU, EDAKKOTTUPURATH, P.O.PANTHEERANKAVU, KOZHIKODE-19. BY ADV. SRI.T.SETHUMADHAVAN RESPONDENTS: ------------- THE SPECIAL TAHSILDAR (LA), N.H.NO.1, KOZHIKODE. BY GOVT.PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2007, ALONG WITH LAA 1200/05 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.Nos.1072 & 1200 of 2005 and 428 & 429 of 2006 ---------------------------------------------- Dated 15th November, 2007. J U D G M E N T Kurian Joseph, J. These are appeals filed by the claimants in LAR Nos.41/93, 43/93, 39/93 and 40/93 respectively on the file of the Sub Court, Kozhikode, aggrieved by the fixation of land value. The acquisition is for the purpose of Calicut Bye- pass. The acquired property is situated in Pantheerankavu Village. It is seen that for the property adjacent to the acquired property covered by LAR 23/93, the reference court has fixed the land value at Rs.7,500/- per cent. There is no appeal filed by the State. Since the land value at the rate of Rs.7,500/- per cent in Pantheerankavu Village in respect of a nearby property to the acquired property has become final, we partly allow these appeals, holding that the appellants/claimants in these cases shall be entitled to have the land value fixed at Rs.7,500/- per cent. They shall also LAA NO.1072/05 & connected cases 2 be entitled to all the statutory benefits, including interest on solatium. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. Nos. 1072 & 1200 of 2005 and 428 & 429 of 2006 ---------------------------------------------- J U D G M E N T Dated 15th November, 2007.