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. 1530 of 2008() -------------------------- LAR.234/2005 of PRL. SUB COURT, THALASSERY .................... APPELLANT:2ND RESPONDENT: ------------------------------- GENERAL MANAGER, KSIDC, KESTON ROAD, P.O.KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.D.KRISHNANKUTTY PILLAI SRI.SHEEJO CHACKO RESPONDENTS:CLAIMANTS & 1ST RESPONDENT: --------------- 1. POLAPPADI MATHU, TAIKANDY HOUSE, P.O.MOORIYAD. 2. MADONANDI SHEEBA, TAIKANDY HOUSE, P.O.MOORIYAD. 3. MADONANDI SHEEBU, TAIKANDY HOUSE, P.O.MOORIYAD. 4. MADONANDI SHEENA, TAIKANDY HOUSE, P.O.MOORIYAD. 5. GOVERNMENT OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. R1 TO R4 BY ADV. SRI.C.P.PEETHAMBARAN R5 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.3480 OF 2008 IN LAA NO.1530 OF 2008 DISMISSED. 31.10.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1530 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 31st October, 2008 JUDGMENT This appeal by the requisitioning authority pertains to acquisition in Kuthuparamba village for the purpose of widening of the road to the Industrial Growth Centre, Valiyavelicham. The Land Acquisition Officer fixed land value at the rate of Rs.3899/- per cent relying on the basis document. The reference court after evaluation of the evidence which came on record would refix the land value at the rate of Rs.10,000/- per cent. I had occasion to consider similar cases involving enhancement by the reference court at the same rate. Under my common judgment in LAA Nos.1452/08, 1453/08 and 1455/08, I have refixed the land value at Rs.9000/- per cent. Adopting the reasons stated in that common judgment, the land value of the acquired properties in this case also will stand refixed at Rs.9000/- 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 due under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The parties will suffer their costs through out. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -