IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 LA.App..No. 471 of 2004 (C) -------------------------------- LAR.157/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS IN LAR 157/2000. ---------------------------------------------------- 1. P.K.YATHEENDRA DAS, S/O.P.K.KRISHNAN KUTTY, PALATHUPARAMBATH, P.K.NIVAS, P.O. CHEVARAMBALAM, KOZHIKODE. 2. P.K.PREMANATHAN, S/O.P.K.KRISHNAN KUTTY, PALATHUPARAMBATH, P.K.NIVAS, P.O.CHEVARAMBALAM, KOZHIKODE. 3. KAMALAKSHY, W/O.P.K.KRISHNAN KUTTY, PALATHUPARAMBATH, P.K.NIVAS, P.O.CHEVARAMBALAM, KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENT(S): RESPONDENT IN L.AR. 157/2000. --------------------------------------------------------- THE SPECIAL TAHSILDAR LA NH NO.1. KOZHIKODE. SR. GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.471 of 2004 ------------------------------------------------ Dated this the 14th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. The case pertains to acquisition of land in Nellikode village for the purpose of Calicut byepass. The notification was published on 24/01/98. The Land Acquisition Officer awarded a total compensation of Rs.1,20,855/-. The Reference Court, however, would re-fix the land value on the basis of the evidence to Rs.45,000/-. The Reference Court would award a sum of Rs.10,000/- as compensation for injurious affection finding that about ¼ cents of land was unauthorisedly affected almost completely. L. A. A. No.471 of 2004 -2- 2. In this appeal various grounds have been raised and Sri.R.Sudhish, the learned counsel for the appellants addressed us on the basis of various grounds. All the submissions of Sri.Sudhish were resisted by Smt.Latha T. Thankappan, the learned senior Government Pleader. We have considered the submissions. We keep in mind our own judgment in LAA.1045/08 wherein we fixed the value of identical land which was slightly superior at Rs.55,500/-. We are of the view that on the basis of the judgment we have passed in LAA.1045/08 there is justification for re- fixing the value of land in this case also at Rs.55,500/- . It is accordingly re-fixed. On the basis of the above re-fixation, the appellants will be eligible for award of a further amount of Rs.5,000/- as additional compensation for L. A. A. No.471 of 2004 -3- injurious affection. Even though Sri.Sudhish argued that additional compensation should be awarded for building also, we are not inclined to accept the above argument since there is nothing on record which will show that any valuable building existing on the property under acquisition. 3. The appeal is allowed to the above extent only. The appellants will be entitled for all statutory benefits. The appellants will also be entitled for proportionate interest. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- The word “interest” occurring in the last sentence of last paragraph of the judgment dated 14/07/2010 in L.A.A.471/2004 is corrected and substituted as “cost” vide order dated 29/03/2011 in I.A.3134/2010. Sd/- Registrar (Judicial)