IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 LA.App..No. 1504 of 2008() -------------------------- AGAINST THE ORDER DATED 16/06/2007 IN LAR 8/05 IN LAR.7/2005 of SUB COURT, MUVATTUPUZHA .................... APPELLANT/CLAIMANT ----------- ALEAMMA, W/O ABRAHAM CHEMPAKATHINAL NORTH MARADY MUVATTUPUZHA BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN RESPONDENT/RESPONDENT ----------------------------- STATE OF KERALA REP. BY THE GOVT. PLEADER HIGH COURT OF KERALA ERNAKULAM BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1504 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August, 2008 JUDGMENT The claimant is the appellant. The Government Pleader takes notice on behalf of the respondent. The impugned judgment is a common judgment in L.A.R.Nos. 7/05 and 8/2005. The appellant claimant relied on a judgment of the same court which had been marked as Ext.A1. The learned Subordinate Judge even after noticing that Ext.A1 property was acquired pursuant to the very same section 4(1) notification for the very same purpose and that the same land value had been awarded by the land acquisition officer for Ext.A1 properties as well as the acquired properties, refused to follow Ext.A1 on the reason that there was no evidence to hold that Ext.A1 properties and the acquired properties were similar and similarly situated. I had occasion to consider L.A.A.No.1169/08 filed against the judgment in L.A.R.No.8/05. I allowed that L.A.A. and refixed the land value at Rs. 10,100/- per Are and decreed that the appellant in that case will be entitled for enhanced land value at the rate of Rs. 5364/- per Are LAA.No.1504/08 2 instead of the enhancement at Rs. 1902/- per Are. There is every justification for following that decision in this case. Accordingly, this appeal will stand allowed for the reasons stated in that judgment. The land value is refixed at Rs. 10,100/- per Are. The appellant will be entitled for enhanced land value at the rate of Rs.5346/- per Are instead of the enhancement granted by the reference court at the rate of Rs. 1902/- per Are. The appellant will be entitled for all statutory benefits on the enhanced land value decreed under this appeal. In the circumstances of this case, the parties will suffer their costs throughout. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1504/08 2