IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 838 of 2007(D) -------------------------- LAR.318/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: ----------- STATE OF KERALA (SPECIAL TAHSILDAR, LA (NH), KOZHIKODE. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. RESPONDENTS: ------------- 1. K.INDIRA DEVI,DEEPA NIVAS, KALIKAVE P.O,MALAPPURAM DISTRICT. 2. K.RAMADEVI,SOORAJ NIVAS,VENGAPPALLI, PUZHEMUDI P.O,KALPATTA,VYNAD DISTRICT. 3. K.DHESARATHI ABEESRE,KALIKAVU P.O, MALAPPURAM DISTRICT. 4. K.DEEPA,DEEPAM,KALIKAVU P.O, MALAPPURAM DISTRICT. BY ADV. SRI.C.P.MOHAMMED NIAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, ALONG WITH LAA NO. 1219 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.Nos.838 & 1219 of 2007 ---------------------------------------------- Dated 3rd January, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State and the claimants respectively, aggrieved by the fixation of land value in LAR 318/96 on the file of the Principal Sub Court, Kozhikode. The acquisition is for Calicut Bye pass. The property is situated in Elathur village. It is not in dispute that this court has fixed the land value at the rate of Rs.18,000/- per cent in respect of the said acquisition of property in Elathur Village, for garden land, by the judgment in LAA 803/98. Therefore, LAA 838/07, the appeal filed by the State is dismissed and LAA 1219/07, the appeal filed by the claimants is partly allowed. The land value is refixed at Rs.18,000/- per cent, for garden land. The appellants in LAA 1219/07 shall be entitled to all the consequential benefits, including interest on solatium. LAA Nos.838 & 1219/07 2 I.A.2165/07 in LAA 838/07 : Dismissed. I.A.3060/07 in LAA 1219/07 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs