IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 LA.App..No. 1870 of 2002() -------------------------- LAR.517/1998 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- 1. OUSEPH VAREED, PATATHI HOUSE, KALADI.(DIED) (LEGAL HEIRS OF DECEASED R1 IS IMPLEADED AS ADDL. R2 TO R5) 2. OUSEPH, S/O. VAREETH, PATTATHI HOUSE, KALADY. 3. ANTONY, S/O. VAREETH, PATTATHI HOUSE, KALADY. 4. DEVASSY, S/O. VAREETH, PATTATHI HOUSE, KALADY. 5. ROSSAKUTTY, W/O. PAPPU, VADAKKEPURATHNAN HOUSE, KALADY. (ADDL. RESONDENTS 2 TO 5 IMPLEADED AS THE LEGAL HEIRS OF THE DECEASED R1 AS PER ORDER DATED 20/8/2007 IN CMP 275/2003) 6. . VERONICA, AGED 65, W/O. LATE OUSEPH, PATTATHY HOUSE, KALADY VILLAGE, ALUVA TALUK. 7. VARGHESE, AGED 45, WSO. LATE OUSEPH, PATTATHY HOUSE, KALADY VILLAGE, ALUVA TALUK. 8. . SISTER MODHINI, AGED 40, D/O.. LATE OUSEPH, PATTATHY HOUSE, KALADY VILLAGE, ALUVA TALUK. 9. SISTER GILDAS, AGED 40, D/O..LATE OUSEPH, PATTATHY HOUSE, KALADY VILLAGE, ALUVA TALUK (IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED ADDL.2ND RESPONDENT AS PER ORDER DATED 11/3/2009 ON I.A. 812/2009) R10. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY ITS REGISTRAR IMPLEADED AS ADDL.L R10 AS PER ORDER DATED 20.3.2009 ON I.A. 969/2009) ADV. SRI.V.SANKARA RAJA SMT.T.T.JOSEPHINE FOR ADDL.R 3 & 4 SMT.T.T.JOSEPHINE SRI. K.ANAND ,SC,SREESANKARACHARYA UNI. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1870 OF 2002 ------------------------ Dated this the 24th day of March, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition for the purpose of Sree Sankara Sanskrit University, Kaladi. Relevant Section 4(1) notification was on 17/8/1993. The land acquisition officer awarded land value at the Rate of Rs.2469/- per Are. The reference court on evaluating the evidence, which came on record before that court, refixed the land value at the rate of Rs.4538/- per Are. It is fairly conceded by the learned counsel for the claimant Smt.T.T.Josephine that this court in a large number of cases pertaining to the very same acquisition interfered with the enhancement granted by the reference court and refixed the land value at a uniform rate of 45% above the land value which had been awarded by the land acquisition officer. Accepting the above submission, we allow this appeal and refix the land value of the acquired property at Rs.3580/- per Are. It is needless to mention that the appellant will be entitled L.A.A..No.1870/2002 2 to all the statutory benefits under Sections 23(2), 23(1A) and 28 of the Act for the enhanced compensation which becomes admissible to the claimant by virtue of our refixation/reduction of the market value of Rs.3580/- per Are. This appeal will stand allowed to the above extent. In the circumstances, parties will suffer their cost in the appeal. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk L.A.A..No.1870/2002 3 PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1870 OF 2002 ------------------------ JUDGMENT 24TH MARCH 2009