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 19TH OCTOBER 2011 / 27TH ASWINA 1933 LA.App..No. 396 of 2011(D) ------------------------------- LAR.455/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT IN LAR ----------------------------------------- STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR(L.A.),N.H-1,KOZHIKODE. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL SRI.K.R.RANJITH RESPONDENT(S): CLAIMANT IN LAR ---------------------------------------- NITHYANANDAN,KUNDOOR,PARAMMAL ROAD, MALAPARAMBA,CALICUT-9. ADV. SRI.L.S.BHAGAVAL DAS SMT.M.MANJU SRI.SUDHISH SRI.RANJITH THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.396 of 2011 ------------------------------------------------ Dated this the 19th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Chevayur village. The acquisition was for the construction of National Highway Bye-pass, Kozhikode. The relevant Section 4(1) notification was published on 09/12/93. The Land Acquisition Officer awarded land value at the rate of ` 25,600/- per cent. The Reference Court in the first instance re-fixed the land value at ` 70,000/- per cent. The Government carried the matter in appeal to this Curt. This Court passed an order of remand. After remand the impugned judgment has been passed by the Reference Court re-fixing the land value at ` 95,000/- per cent. The learned Subordinate Judge has placed strong reliance on L. A. A. No.396 of 2011 -2- Ext.A2 judgment which is said to be in respect of the property situated just opposite to the property under acquisition. It is observed by the learned Subordinate Judge that Ext.A2 was confirmed by this Court and a rate of ` 95,000/- per cent was fixed. We have reasons to believe that Ext.A2 was in respect of notification promulgated subsequently. At any rate, in our opinion as the claimant had not preferred any appeal against the rate of ` 70,000/- fixed earlier the re-fixation of land value at a rate more than that rate is not justified. We allow the Government's appeal to the extent of re-fixing the market value of the land under acquisition at ` 70,000/- per cent. The claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the re-fixed compensation. 2. The appeal is allowed. Parties are directed to suffer L. A. A. No.396 of 2011 -3- their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-