IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 LA.App..No. 660 of 2009(D) ------------------------------- LAR.253/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ----------------------------- P.V.DAVID, PALATHINKAL, BOSCO, TRIPUNITHURA.P.O. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.BABY MATHEW RESPONDENT(S)/RESPONDENT: ------------------------------------ 1. THE SPL. THAHASILDAR(L.A.) RAILWAY, ERNAKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS ERNAKULAM. ADV. RI. M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 GOVT. PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.660 of 2009 ------------------------------------------------ Dated this the 2nd day of June, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the claimant pertains to acquisition of land in Nadama village for the purpose of Railway pursuant to Section 4(1) notification published on 17/12/04. The land was wet land and included in category-8 by the Land Acquisition Officer who awarded value at Rs.25,584/- per Are. Before the Reference Court, documents were produced by the appellant. But the court relied on the judgment in LAR.257/06 and re-fixed the land value at Rs.35,000/- per Are. 2. We have today by another judgment decided LAA.965/08 raising from the judgment in L. A. A. No.660 of 2009 -2- LAR.257/06. Under that judgment, we have re- fixed the value of identical land at Rs.43,300/- per Are. That judgment necessarily has to be followed in this case also. Following that judgment, we re- fix the value of land under acquisition in this case at Rs.43,300/- per Are. 3. The appeal is allowed to the above extent. 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. The parties are directed to suffer their respective costs in this appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-