IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 LA.App..No. 994 of 2003() ------------------------- LAR.45/1997 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): CLAIMANT ---------------------- M.UNNIKRISHNA KURUP, KAINATTY ESTATE, KALPETTA NORTH. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY ASSISTANT COLLECTOR, LAND QCQUISITION OFFICER, MANANTHAVADI. BY GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2009 LONG WITH LAA NO. 995 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & HARUN-UL-RASHID, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.NOs.994 & 995 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 JUDGMENT Harun-Ul-Rashid, J. These two appeals are directed against the judgment and decree in L.A.R.Nos. 45/97 and 46/97 respectively on the file of the Sub Court, Sulthan Bathery. The properties were acquired for the formation of Kalpetta bye-pass. Section 4(1) notification is dated 23-03-1993. The land acquisition officer awarded land value at the rate of Rs. 3,000/- per cent. The reference court modified and refixed the land value at the rate of Rs. 5,000/- per cent. Aggrieved by the inadequacy of compensation awarded, the claimants have come up in appeal. 2. We have noticed that in the connected cases namely L.A.R.Nos. 27/1997 and 43/1997, the land acquisition officer awarded Rs. 1327/- and Rs. 2990/- per cent respectively. The said property was also acquired for the same purpose under the very same notification. In those cases, the reference court refixed the land value at the rate of Rs.10,000/- per cent. But it was pointed out that though the acquired properties are considered more important by the land acquisition officer, the reference court fixed the land value only at the rate L.A.A.NOs.994 & 995 OF 2003 2 of Rs. 5,000/-. 3. We do not find any justification for fixation of land value at the rate of Rs. 5,000/- for a property which is considered more important than the property covered under L.A.R.Nos. 27/07 and 43/07 ( LAA.364/07 & 1138/07). In appeal, we have refixed the compensation at the rate of Rs. 12,000/- per cent. In these appeals, the claimants limited their claim at the rate of Rs. 10,000/- as land value and claimed additional compensation at the rate of Rs. 5,000/- per cent. For the reasons stated above, we are inclined to grant the additional compensation sought for in these appeals. In the result, the appeals are allowed. The judgment and decree passed by the reference court is modified by refixing the land value at the rate of Rs. 10,000/- per cent. The appellant claimants are also entitled to all statutory benefits in accordance with law. There is no order as to costs. PIUS.C.KURIAKOSE JUDGE HARUN-UL-RASHID JUDGE sv. L.A.A.NOs.994 & 995 OF 2003 3