IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 LA.App..No. 321 of 2010 ---------------------------------- [LAR.NO.163/2005 OF ADDITIONAL SUB COURT, THALASSERY] .................... APPELLANT/CLAIMANT: ----------------------------------- UCHAMBALLIN POOVADAN VIDHU, S/O.UCHAMBALLIN KUMARAN, "SIVANTHI", P.O.KUTHUPARAMBA, ADIYARAPPARA. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE GENERAL MANAGER, K.S.I.D.C., THIRUVANANTHAPURAM. R2 BY ADV. SRI.JOBY CYRIAC.S.C. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- L.A.A. NO.321 OF 2010 ------------------------------- DATED THIS THE 5TH DAY OF APRIL, 2011 JUDGMENT Claimant is the appellant. The appeal is directed against the judgment and decree in LAR.No.163/2003 on the file of the Sub Court, Thalassery. An extent of 0.0181 hector (4.47 cents) of land owned by the claimant was acquired for the purpose of widening the road from Kuthuparamba - Valiyavelichan Industrial Growth Centre. The Land Acquisition Officer awarded the land value at the rate of Rs.6,499/-per cent. The reference court by the impugned awarded re-fixed the land value at Rs.14,000/- per cent. Complaining that the land value fixed is inadequate, the claimant preferred this appeal. During the course of hearing, the learned counsel for the 2nd respondent brought to the notice of this Court the judgment of the Division Bench of this Court dated 16/8/2010 in LAA.No.110/2010 and connected cases. The said appeal arises from the award passed in LAR.No.60/2005 by the same reference -2- L.A.A.No.321/2010 court. The property owned by the claimant in LAR.No.60/2005 is also under the same category. The Land Acquisition Officer fixed the land value at the same rate as in the present case. The reference court re-fixed the land value at Rs.13,400/- in LAR.No.110/2010 preferred by the claimant. In that case this Court re-fixed the land value at the rate of Rs.15,000/- per cent. 2. Admittedly, the acquired land and the land covered by LAR.No.60/2005 are similar and the similarly situated. The property covered by LAR.No.60/2005 was acquired for the very same purpose and under the very same notification. The Land Acquisition Officer fixed the very same amount as the land value. Therefore, there is every justification for this Court to allow the appeal preferred by the claimant in part. In the result, the appeal is partly allowed. The land value is re-fixed at the rate of Rs.15,000/- per cent. The judgment and decree under appeal is modified to the extent of granting further enhancement of Rs.1,000/- per cent. The appellant/claimant -3- L.A.A.No.321/2010 is also entitled to all the eligible statutory benefits. No order as to costs. HARUN-UL-RASHID, Judge. kcv.