IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 LA.App..No. 951 of 2007(C) ------------------------------- LAR.218/2003 of SUB COURT, QUILANDY .................... APPELLANT(S): RESPONDENT --------------------------------- DISTRICT COLLECTOR, KOZHIKODE. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. CHEENIYULLATHIL MAYIN,POOVAMBAYI, KINALUR, KOYILANDY. 2. THE MANAGING DIRECTOR,KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. SRI.JOBY CYRIAC FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.951 of 2007 ------------------------------------------------ Dated this the 27th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Our judgment dated 19/08/09 is suo motu recalled. Sri.Joby Cyriac takes notice on behalf of the Requisitioning Authority. 2. This appeal by the Government pertains to acquisition of land in Kinalur village for the purpose of widening of the existing PWD road from Vattoli Bazaar to Kinalur estate. The relevant section 4(1) notification was published on 16/01/02. The Land Acquisition Officer awarded land value at the rate of Rs.3034/- per cent. Under the impugned judgment the Reference Court enhanced the same to Rs.8,000/- per cent. Our attention is drawn by Sri.Joby Cyriac, the learned counsel for the Requisitioning Authority to judgment of L. A. A. No.951 of 2007 -2- this Court in L.A.A.438/06 and connected cases. We notice that under that judgment this Court has re- fixed the value of land in the same category at Rs.7,500/- per cent. Following that judgment, we modify the impugned judgment and decree and re-fix the land value at Rs.7,500/- per cent. 3. The appeal is allowed to the above extent, but in the circumstances, without any order as to costs. It is made clear that the claimant/respondent will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-