IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 LA.App..No. 797 of 2010(D) -------------------------------- LAR.172/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS ------------------------------------ 1. STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR(LA)NH NO.1,KAKKANAD-682 030. 2. THE EXECUTIVE ENGINEER,NH(B)DIVISION, KODUNGALLUR-680 664. BY GOVERNMENT PLEADER SRI.M.R.SABU RESPONDENT(S): CLAIMANT --------------------------------- KUNJU MUHAMMED, S/O.AHAMMED, THOMMAN VEEDU, RESIDING AT CHAMMBOKKADAVU, PONEKKARA-682 026. BY ADV. SRI.N.M.MOHAMMED AYUB THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No. 797 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011. JUDGMENT Pius C. Kuriakose, J, This appeal is filed challenging the enhancement of land value by the reference court. 2. The land was acquired for the purpose of NH-17 pursuant to the notification under Section 4(1) of the Land Acquisition Act published on 14.3.2002 The land was included in Category III and the Land Acquisition Officer awarded land value at the rate of Rs.1,59,000/- per Are. The reference court, on evaluating the evidence adduced by the parties, re-fixed the land value at Rs.3,56,043/-. 3. Learned Government Pleader Sri.M.R.Sabu drew our attention to the judgment of this court in L.A.A. 916 of 2010 and submitted that under that judgment, the value of identical property was re-fixed by this court at Rs.3,33,790/- per Are. According to the learned Government Pleader, there is no justification for fixing land L.A.A. 797/2010. 2 value at a higher rate. This submission of the learned Government Pleader was not resisted by anybody. Hence following the decision taken by this court in L.A.A. No.916 of 2010, we allow this appeal to the limited extent of re-fixing land value at Rs.3,33,800/- per Are. The claimant will be entitled for statutory benefits admissible under Sections 23(2), 23(1-A) and 28 of the Land Acquisition Act. Pius C. Kuriakose, Judge P. Bhavadasan, Judge sb.