IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 LA.App..No.591 of 2009 (C) ------------------------------- LAR.432/2001 of ADDL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ----------------------------- PARAYIL MOOSA, S/O.AYAMU HAJI, THILLANKERI AMSOM, KAVUMPADI DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S)/RESPONDENT: ----------------------------------- SPECIAL TAHSILDAR, (LA) AIRPORT, KANNUR, MATTANNUR, KANNUR DISTRICT. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2010, A/W L.A.A. NOS.594, 595 & 598, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.591, 594, 595 & 598 of 2009 ------------------------------------------------ Dated this the 22nd day of January, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are the appellants in all these appeals. L.A.A.591/09 and L.A.A.595/09 pertain respectively to the judgments and decree in L.A.R.432/01 and L.A.R.244/01. L.A.A.594/09 and L.A.A.598/09 pertain respectively to L.A.R.248/01 and L.A.R.234/00. In the case pertaining to L.A.A.595/09, the Land Acquisition Officer awarded land value at the rate of Rs.682/- per cent which was re-fixed by the Reference Court at Rs.2,500/- per cent on the basis of the evidence that came on record. In L.A.R.432/01 corresponding to L.A.A.591/09, though the Land L. A. A. Nos.591, 594, 595 & 598 of 2009 -2- Acquisition Officer granted the same rate, the Reference Court would re-fix the land value only at the rate of Rs.1,500/- per cent on the basis of the evidence which came on record. In the other two cases, the Reference Court would re-fix the land value at Rs.1,500/- per cent. 2. Even though several grounds are raised in these memorandum of appeals, when they came up for hearing Sri.R.Surendran, the learned counsel for the appellants would draw our attention to the judgment of this Court in L.A.A.1634/08 and L.A.A.1639/08. Those judgments pertain to acquisition of lands similar to the lands involved in these appeals. It is seen from those judgments that for the lands for which the Land Acquisition Officer L. A. A. Nos.591, 594, 595 & 598 of 2009 -3- awarded Rs.682/- per cent, this Court has re-fixed value at Rs.3,000/- per cent and for the lands for which the Land Acquisition Officer awarded value at the rate of Rs.486/- per cent, this Court has re-fixed the value at Rs.2,500/- per cent. The request of the learned counsel is that the judgments of this Court may be followed and the appeals be allowed. 3. The learned Senior Government Pleaders would point out that the appellants have limited their claim for enhancement to Rs.500/- per cent in all the appeals. According to the learned Senior Government Pleaders, the appellants are not entitled for any further enhancement over what they have claimed in these appeals. 4. We accept the submission of Sri.R.Surendran L. A. A. Nos.591, 594, 595 & 598 of 2009 -4- regarding the probative value of the judgments in L.A.A.1634/08 and L.A.A.1639/08. At the same time, we find merit in the submission of the learned Senior Government Pleaders regarding the appellants' eligibility for enhanced compensation. Under the above circumstances, we are inclined to allow all the above appeals awarding further enhancement over and above what has been awarded by the Reference Court at the rate of Rs.500/- per cent to each of the appellants. The appellants will be entitled for all statutory benefits on the enhancement which is awarded to them under this judgment as admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. 5. All the above appeals are allowed, but in the L. A. A. Nos.591, 594, 595 & 598 of 2009 -5- circumstances without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-