IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 1254 of 2005() -------------------------- LAR.32/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT: CLAIMANT. -------------------- P.K.KARUNAKARAN NAIR, PRASANTHISADAN, P.O. MOOZHIKKARA, THALASSERY, BY POWER OF ATTORNEY HOLDER K.RANJITH, ADVOCATE, PRASANTHISADAN, P.O.MOOZHIKKARA, THALASSERY. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: RESPONDENTS. ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1254 of 2005 ----------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in L.A.R.No.32/2003 on the file of the Sub Court, Thalassery. The acquisition is for the purpose of Thalassery- Mahe byepass. The Land Acquisition Officer granted land value at Rs.7,771/- per cent. The reference court fixed the same at Rs.12,000/- per cent. According to the claimant he is entitled to get land value at the rate of Rs.17,500/- per cent. It is submitted that in an exactly similar case, in the case of adjacent land, the reference court itself has granted Rs.17,500/- per cent, in the case of property covered by L.A.R.No.56/2003. That judgment is produced as Annexure A2. We directed the learned Government Pleader to get instruction as to whether the acquired property is similar and similarly situated as the property covered by L.A.R.No.56/2003. On instruction the learned Government Pleader submits that the properties are similar and similarly L.A.No.1254/2005 -:2:- situated. In that view of the matter we allow the appeal and the land value is refixed at Rs.17,500/- per cent. The appellant/claimant shall also be entitled to consequential statutory benefits including interest on solatium. I.A.Nos.4734/2007 is allowed. I.A.No.2376/2006 is dismissed. I.A.No.4735/2007 is dismissed as not pressed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1254 of 2005 ---------------------------- JUDGMENT 26th February, 2008