IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 LA.App..No. 721 of 2009() ------------------------- (LAR NO.136/2007 DATED 31/10/2008 ON THE FILE OF PRINCIPAL SUB COURT, NORTH PARAVUR.) APPELLANT(S):/CLAIMANTS IN LAR NO.136/07 IN SC,N.PARAV ---------------------------------------------------------------- 1. MINIMOL, W/O. LATE SHAJU, PALLIPARAMBIL, VALLUVALLY, KOONAMMAVU PO, REP.BY P.A.HOLDER JOHNY P.D 2. SNEHA, D/O.LATE SHAJU, PALLIPARAMBIL, VALLUVALLY, KOONAMMAVU PO, REP.BY P.A.HOLDER JOHNY PD., 3. ELIZABETH.M/O.LATE SRI.SHAJU, PALLIPARAMBIL, VALLUVALLY, KOONAMMAVU PO, REP.BY P.A.HOLDER JOHNY PD., BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENT(S): RESPONDENTS LAR 136/07IN SC,N.PARAVUR ---------------------------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KAKKANAD, ERNAKULAM. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, ALONG WITH L.A.A. NO.749/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos. 721 & 749 OF 2009 ------------------------ Dated this the 11th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. These appeals are preferred by the claimants. The property was in Kottuvally village and acquisition was for the purpose of widening of NH 47 from Cheriapplily – Varapuzha. The relevant Section 4(1) notification was published on 23/8/2004. Some of the properties were included in category 3 by the land acquisition officer, who awarded land value at the rate of Rs.87,576/- per Are. A portion was included in category 7 and for such properties, the Land Acquisition Officer awarded land value at the rate of Rs.45,858/- per Are. 2. The Reference Court under the impugned judgment refixed the value of the properties in category 3 at Rs.1,44,500/- per Are. For properties in category 7, the reference court refixed the value at the rate of Rs.68, 827/- per Are. 3. Our attention is invited by the learned counsel for the appellants to the common judgment of this court in L.A.A. LAA.Nos.721 & 749/2009 2 No.474/2010 series. We have gone through that judgment. It is not disputed that the above judgment has attained finality. It is seen that under that common judgment value of identical land included in category 3 was refixed by this court at Rs.1,62,000/- per Are. Thus awarding 87% increase over what was awarded by the Land Acquisition Officer. We feel that proportionate increase can be granted for properties included in category 7 also. Giving such proportionate increase, we reifx the value land included in category 7 at Rs.85,000/- per Are. The appeals are allowed to the above extent. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk