IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 35 of 2011 (C) ------------------------------ LAR.115/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS 1 TO 3 --------------------------------------- 1. K.C.BABU, S/O.K.C.CHANDI, 1/60, TEMPLE ROAD, WEST HILL, PUTHIYANGADI, KOZHIKODE. 2. K.C.RAJAN, S/O.CHANDI, 1/60, TEMPLE ROAD, WEST HILL, KOZHIKODE. 3. NANCY BABU, W/O.K.C.BABU, 1/60, TEMPLE ROAD, WEST HILL, KOZHIKODE. [APPELLANTS ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER, P.UPPY, AGED 58 YEARS, S/O LATE BAVOOTY, RESIDING AT ISHA'S HOUSE, VIMALA NAGAR P.O., MANANTHAVADI AMSOM AND DESOM, WYNAD DISTRICT) BY ADV. SRI.K.S.BABU RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KOCHI REFINERIES LTD., VYTTILA, N.F.GATE, TRIPUNITHURA-682 301. 2. THE CHIEF EXECUTIVE OFFICER, INFOPARK, KUSUMAGIRI, KAKKANAD. 682 030. SR. GOVT. PLEADER SRI.V.T.K.MOHANAN ADV. SRI.D.ANIL KUMAR FOR R-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, ALONG WITH LAA NO.36 OF 2011 & LAA NO.40 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.35, 36 & 40 of 2011 ------------------------------------------------ Dated this the 27th day of June, 2011 JUDGMENT Balakrishnan, J The claimants are in appeal. Their properties in Kakkanad village were acquired for the purpose of Infopark. The relevant Section 4(1) notification was published on 18/11/2003. The properties in L.A.A.35/11 and L.A.A.40/11 were included in category-1, dry land having tar road frontage. The copy of the judgment of this Court in L.A.A.5/10, in which land value was re- fixed for identical land acquired for the same purpose covered by the same notification, is placed before us by the learned counsel for the appellants. In that case the land value was re-fixed at ` 1,81,100/- per Are. Hence, we re-fix the land value in L.A.A.35/11 and L.A.A.40/11 at ` 1,81,100/- per Are. 2. In L.A.A.36/11, the land value was fixed by the Land Acquisition Officer only at ` 100/- per Are on the reason that it was used as a pathway. The property was acquired from the possession of the claimants therein. 40% of the land value which L. A. A. Nos.35, 36 & 40 of 2011 -2- comes to ` 69,160/- per Are was awarded as per the judgment in L.A.A.5/10. Hence, adopting the same rate, the land value in respect of land in L.A.A.36/11 is re-fixed at ` 69,160/- per Are. 3. The claimants are entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while drafting the decree the conditions imposed by us in C. M. Applications filed in the respective appeals shall be duly taken note of by the Section. Decree copy will be issued only on payment of full court fee. 4. All the appeals are thus, allowed as above. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. Nos.35, 36 & 40 of 2011 -3-