IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 LA.App..No. 285 of 2011() ------------------------- LAR.481/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS ----------------------- 1. U.KUNHOYI,AGED 70 YEARS, S/O.LATE KELAPPAN,URALATH HOUSE,VANMUGHAM AMSOM, ELAMBILATHU DESOM,KOYILANDY TALUK. 2. SAJITH KUMAR,S/O.KUNHOYI,URALATH HOUSE, VANMUGHAM AMSOM,ELAMBILATHU DESOM, KOYILANDY TALUK. 3. SANTHOSH KUMAR,S/O.KUNHOYI, URALATH HOUSE,VANMUGHAM AMSOM,ELAMBILATHU DESOM, KOYILANDY TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY SPECIAL TAHSILDAR,NH DIVISION,KOZHIKODE. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 285 OF 2011 ------------------------ Dated this the 9th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their properties in Elathur village were acquired for the purpose of construction of Kozhikode Bye pass. The acquisition was pursuant to Section 4 (1) notification published on 1/11/1993. The properties were wet land. The Land Acquisition Officer awarded value at the rate of Rs.2,459/- per cent. The Reference Court under the impugned judgment has refixed the land value at Rs.7,000/- per cent. 2. In this appeal the appellants claim value at the rate of Rs.16,000/- per cent raising various grounds. We have heard the submissions of Sri. Rajesh Nambiar learned counsel for the appellants and also those of Smt.Latha T.Thankappan learned senior Government Pleader. Mr.Rajesh Nambiar submitted that in the first instant the Land Acquisition Officer refixed the value at Rs.15,000/- per cent. Against that judgment, the Government preferred an appeal and the matter was remanded. Pursuant to that remand, the Reference Court on the basis of the evidence, L.A.A.No.285/2011 2 refixed the land value at Rs.16,000/- per cent. The Government again came up in appeal. In that appeal also a remand order came to be passed on account of some factually wrong submissions made at the Bar. The impugned judgment has been passed pursuant to that remand. According to the learned counsel, in one case Rs.16,000/- has been granted and the appeal preferred by the Government against that Judgment is yet to be decided. The learned counsel requested that in this case also the appeal be allowed and the market value be refixed at Rs.16,000/- per cent. 3. Opposing the above submissions, the learned Government Pleader drew our attention to the judgment of this court in L.A.A. No.1269/2005. We notice that the above judgment pertains to acquisition of land in Elathur village itself and in respect of acquisition pursuant to notification published on 30/5/1993. According to the learned Government Pleader, even if some additions are given for passage of six months time, the maximum amount that can be granted is only Rs.12,375/-. 4. Having anxiously considered the submissions addressed at the Bar, we feel that the submissions of the learned L.A.A.No.285/2011 3 Government Pleader have more force. Accepting that submissions to a great extent and relying on the judgment in L.A.A. No.1269/2005 and giving proper additions for the passage of time, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.12,500/- per cent. The appeal is allowed to the above extent. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total refixed compensation to which they become eligible by virtue of this judgment. While provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order in C.M.Appln. 602/2011 dated 12/4/2011. The Registry will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk