IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 LA.App..No.859 of 2006 (D) ------------------------------- LAR.55/2002 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT: ------------------------------ JOSE,S/O.KURIAN, MANNOOR HOUSE, THALAMATTOM, THODUPUZHA. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): RESPONDENT: ------------------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR IDUKKI. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.859 of 2006 ------------------------------------------------ Dated this the 8th day of April, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. The acquisition was for widening of Thodupuzha - Ramamangalam road. The property was in Thodupuzha village i.e. within the area of Thodupuzha municipality. The acquisition was pursuant to Section 4(1) notification published on 18/08/99. The Land Acquisition Officer awarded land value at the rate of Rs.27,988/- per cent. The Reference Court on the basis of the evidence that came on record re- fixed the same at Rs.51166/- per cent. 2. We have heard the submissions of L. A. A. No.859 of 2006 -2- Sri.S.Ananthakrishnan, the learned counsel for the appellant and those of Smt.Latha T. Thankappan, the learned senior Government Pleader. Our attention is drawn by Sri.Ananthakrishnan to various judgment of this Court including the reported judgment in State of Kerala v. Jose Simon [2009(1) KLT 760] pertaining to acquisition of land more or less at the same time within the area of Thodupuzha municipality. We are of the view that those judgments have some probative value for determining the correct market value of the property under acquisition. According to us, there is justification for re-fixing the value of the land under acquisition at Rs.82,850/- since it is brought to our notice that for other cases covered by the very same notification, such re-fixation by L. A. A. No.859 of 2006 -3- the Reference Court itself was approved by this Court. Accordingly, allowing the appeal, we re-fix the value of land at Rs.82,850/-. The appeal will stand allowed to the above extent, but in the circumstances, without any order as to costs. 3. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. 4. Decree copy will be issued to the appellant only after ensuring that the entire balance court fee is paid. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-