IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 LA.App..No. 2063 of 2008 ----------------------------- LAR.54/2001 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ------------------------------ OUSEPH VARKEY, S/O. THEKKEVATHAPALLIL, MENONKATTIL, PALLIPURAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHASILDAR, LA, INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. ADV. SRI.D.KRISHNANKUTTY PILLAI FOR R2 SRI.SHEEJO CHACKO FOR R2 BY SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ C. M. Application No.2101 of 2008 & L. A. A. No.2063 of 2008 ------------------------------------------------ Dated this the 24th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The delay will stand condoned subject to the following conditions:- 1) The appellant/petitioner will pay a sum of Rs.500/- by way of cost to the Requisitioning Authority directly or through its counsel in this Court within ten days from today. 2) The appellant/petitioner will pay a further amount of Rs.500/- to the Kerala Mediation Centre within the same time limit and produce receipt. It is submitted by Mr.George Sebastian, the learned counsel for the appellant that the amount will L. A. A. No.2063 of 2008 -2- be paid readily. We, therefore, proceed to consider the appeal for hearing and disposal. 2. The claimant is in appeal and the case pertains to acquisition of land in Pallippuram village for the purpose of Industrial Growth Centre of the KSIDC. The Land Acquisition Officer included the property under acquisition in the category of wetlands and awarded land value at the rate of Rs.988/- per Are. Under the impugned judgment, the Reference Court re-fixed the land value at Rs.1235/- per Are. 3. It is brought to our notice that this Court by judgments in L.A.A.651/05 and also Cross Objection No.89/08 in L.A.A.1272/08, re-fixed the value of wetlands for which the Land Acquisition Officer had awarded only Rs.988/- per Are, at Rs.2471/- per Are. We feel that in order that a parity is maintained L. A. A. No.2063 of 2008 -3- between the values awarded to persons who have been awarded the same value by the Land Acquisition Officer, it is necessary that we follow the judgments in L.A.A.651/05 and Cross Objection No.89/08 in L.A.A.1272/08. Accordingly, following those judgments, we modify the judgment under appeal and re-fix the value of land at Rs.2471/- per Are. The appeal will stand allowed to that extent, but in the circumstances, without any order as to costs. 4. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under law on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The decree copy will be issued to the appellant only after ensuring that the balance court fee is remitted and the amounts ordered to be paid herein above are L. A. A. No.2063 of 2008 -4- paid. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-