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 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 LA.App..No. 1485 of 2008() -------------------------- LAR.213/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): -------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR ,LA, NH NO.II.KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): --------------- KUTTIPOYIL BALAN P.O.THALAKULATHOOR. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 SMT.P.RANI DIOTHIMA FOR R1 SRI.ARJUN SREEDHAR FOR R1 SRI.S.ANISH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN IA.3347/2008 DISMISSED. 12-11-2009. SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE // True Copy // P.A. To Judge PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1485 of 2008 A ``````````````````````````````````````````````````````` Dated this the 12th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. Service is completed and this appeal is not defective. 2. We heard the submissions of the learned Government Pleader and those of Smt.Rani Diothima, learned counsel for the respondent. 3. This appeal pertains to acquisition of land in Thalakulathoor village pursuant to Section 4(1) notification published on 15-01-1993. The purpose of the acquisition was formation of Calicut By-pass. The Land Acquisition Officer awarded land value at the rate of Rs.5,102/- per cent. The reference court, under the impugned judgment, refixed the land value at Rs.20,000/- per cent. 4. Our attention is drawn by the learned Government Pleader to judgment of this Court in L.A.A.No.210/2001. That judgment pertains to a case for acquisition of land in the same village for the same purpose. Under that judgment, enhancement LAA.1485/08 : 2 : of land value from Rs.5,612/- per cent to Rs.18,000/- was approved by this Court. In view of that judgment, we are of the view that the respondent cannot aspire for anything more than Rs.18,000/- per cent. Hence, in modification of the impugned judgment and decree, we refix the value of land under acquisition at Rs.18,000/- per cent. Appeal stands allowed to that extent only. It is needless to mention that the claimant respondent will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. Appeal allowed as above. Parties are directed to suffer their costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks