IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 LA.App..No.701 of 2009(A) ------------------------- LAR.7/2001 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- P.K.BABY, S/O.ULAHANNAN (KUNCHILO), PARIYARATHU HOUSE, THALAMATTOM, MANAKKAD P.O., THODUPUZHA. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. GOVT.PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.701 of 2009 ------------------------------------------------ Dated this the 26th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Being aggrieved by what is described as total compensation re-determined by the Reference Court in a Land Acquisition Reference Case, the claimant has come up in appeal before us. The acquisition was for the widening of Thodupuzha-Ramamangalam public road. The property was in Thodupuzha village itself (i.e. within the area of Thodupuzha Municipality). The Land Acquisition Officer awarded land value at the rate of Rs.27900/- per Are. The evidence before the Reference Court consisted of Exts.A1 to A6, AW1 and AW2 and Exts.R1 to R4 apart from Exts.C1, C1(a) and L. A. A. No.701 of 2009 -2- C2. There was no counter oral evidence at all on the side of the Government. The learned Subordinate Judge relied on the judgment of the same court in LAR.16/01 and would re-fixe land value at Rs.33,350/- per cent. 2. The ground which is prominently raised in this memorandum of appeal is that this Court by judgment in LAA.1695/07 has re-fixed the market value of the property covered by LAR.16/01 at Rs.50,000/- per cent and therefore, the same re-fixed rate should be awarded for the property under acquisition. 3. We have heard submissions of Mr.Saigi Jacob Palatty and those of Smt.Latha T. Thankappan, the learned Senior Government Pleader. Our attention was drawn by Mr.Saigi Jacob to the judgment of this Court L. A. A. No.701 of 2009 -3- in LAA.177/07 and LAA.1695/07. Learned counsel would submit that the appeal has to be allowed and the land value has to be re-fixed at Rs.60,000/- per cent. Smt.Latha T. Thankappan would submit that the stand taken by the appellant before the Reference Court was that he be awarded what is awarded under Ext.A16. He was in fact awarded the same rate. It is futile for him now to contend that he shall be granted more than what is awarded under Ext.A16. 4. We have considered the rival submissions. The submissions of the learned Government Pleader is too technical to receive acceptance at our hands. It is true that before the Reference Court, he placed reliance on Ext.A16. But this Court has now finally re-fixed the value of the property under Ext.A16 to Rs.50,000/-. L. A. A. No.701 of 2009 -4- Going by the claim statement filed by the appellant his claim was for Rs.75,000/- per cent. We notice the judgments of this Court in LA.A.1695/07 arising from LAR.16/01 and the judgment of this Court in LAA.121/08 series in State of Kerala v. Jose Simon [2009(1) KLT 760] pertaining to acquisition of land in Thodupuzha village itself pursuant to a notification which is hardly one year subsequent. We therefore, re-fix the values of the lands under acquisition in this appeal at Rs.50,000/- per cent, in modification of the judgment of the Reference Court. 5. Appeal is allowed to the above extent. It is needless to mention that the appellant will be entitled for all statutory benefits admissible to him on the total enhanced compensation to which he becomes eligible L. A. A. No.701 of 2009 -5- by virtue of our re-fixation done under this judgment. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-