IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 LA.App..No. 1447 of 2008() -------------------------- LAR.168/2005 of PRL. SUB COURT,THALASSERY .................... APPELLANT: 2ND RESPONDENT IN LAR: ------------------------------------ THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS: CLAIMANTS 1 TO 7 & 1ST RESPONDENT IN LAR: --------------------------------------------------------- 1. ANTHOLI NALINI, W/O.NANU, KOTTAYI HOUSE, P.O.MOORIYAD. 2. ANTHOLI VILASINI, KOTTAYI HOUSE, P.O.MOORIYAD. 3. ANTHOLI SURESH BABU, KOTTAYI HOUSE, P.O.MOORIYAD. 4. ANTHOLI CHANDRALEKHA, KOTTAYI HOUSE, P.O.MOORIYAD. 5. ANTHOLI SUNIL KUMAR, KOTTAYI HOUSE, P.O.MOORIYAD. 6. ANTHOLI BINDU, KOTTAYI HOUSE, P.O.MOORIYAD. 7. ANTHOLI SUJITH KUMAR, KOTTAYI HOUSE, P.O.MOORIYAD. 8. GOVT. OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR R8 BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.3277 OF 2008 IN LAA NO.1447 OF 2008 DISMISSED. 31.10.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1447 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 31st October, 2008 JUDGMENT Service is completed. There is no appearance for the respondents. This appeal by the requisitioning authority pertains to acquisition of land in Kuthuparamba Village for the purpose of widening of a road from Kuthuparamba town to Valiyavelicham Industrial Growth Centre of the appellant-KSIDC. The Land Acquisition Officer relying on Ext.B2 fixed land value at the rate of Rs.3899/- per cent. The reference court would refix the land value at Rs.7000/- per cent. In fact, the impugned judgment is the common judgment in LAR Nos.168/05 and 229/05. The claimants in LAR No.229/05 also had been awarded the same rate of land value by the Land Acquisition Officer. The reference court however relying on Ext.B1 document refixed the land value of the properties involved in LAR No.229/05 at Rs.10,000/-. At the same time the court became inclined to fix the land value of the properties which are subject matter of this appeal only at Rs.7000/-. The reason stated by the court was that this property was situated 4 ½ K.M. away from the town. Moreover, the court noticed that the Commissioner had recommended a far lesser value that what he had recommended for LAA No.1447/08 - 2 - the properties involved in LAR No.229/05. Under my common judgment in LAA Nos.1452/08, 1453/08 and 1455/08, I have found that the correct market value to be determined for properties for which the reference court had, relying on Ext.B2 refixed the land value as Rs.10,000/- is Rs.9000/- only. There is no resistance to the reasoning of the court that there is justification for giving only a lesser land value to the properties involved in this appeal than the properties involved in LAR Nos.168/05 and 229/05 and the cases covered by the common judgment. Under the above circumstances, I adopt the reasoning in my common judgment and hold that the correct land value to which the respondents-claimants are entitled is Rs.6300/- per cent only. The land value of the acquired properties in this case is accordingly refixed at Rs.6300/- per cent. The appeal will stand allowed to that extent. It is made clear that the respondents- claimants will be entitled for all statutory benefits. The Appeal is allowed to the above extent. The parties will suffer their costs through out. srd PIUS C.KURIAKOSE, JUDGE