IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 LA.App..No. 1092 of 2009() -------------------------- AGAINST THE ORDER DATED 21/01/1999 IN LAR.29,214, 215/97 & LAR.28/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- M.M.RAZIYABI, W/O.K.P.MOIDEEN KOYA, KATTANAKKODI, THALAKULATHUR, KOZHIKODE. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR (LA) NH-11, CIVIL STATION, KOZHIKODE, R/BY ADVOCATE GENERAL, HIGH COURT, ERNAKULAM. SR. GOVERNMENT PLEADER SRI. SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1092 OF 2009 ................................................................... Dated this the 12th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. Claimant is the appellant. Her property in Thalakulathur village of Kozhikode taluk was acquired for the purpose of construction of Kozhikode bypass of the National Highway- 17. The acquisition was pursuant to Section 4(1) notification published on 15.1.1993. She was awarded land value at the rate of Rs.5,102/- per cent. The reference court under the impugned judgment refixed the land value at the rate of Rs.10,000/- per cent. 2. Our attention was drawn by Sri. Jeswin P. Varghese – learned counsel for the appellant to the judgment of this court in LAA.No.1683/2002 and connected cases. Sri. Jeswin submitted that following the above judgment which has been rendered on identical facts, this Court may allow the appeal refixing the market value of the land under acquisition at Rs.18,000/- per cent. Sri. Jeswin pointed out that in other connected matters enhancement has been granted even at L.A.A.NO.1092 OF 2009 : 2 : higher rates. Even though the learned Government Pleader Sri.C.R.Shyam Kumar sought for time to verify the records, we feel that submission of the learned counsel for the appellant can be accepted. In view of the judgment in LA.A.No.1683/2002 the market value of the land under acquisition is fixed at Rs.18,000/- per cent. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28. The section will have due regard to the conditions imposed by this Court in its order dated 17.9.2009 in C.M.Appln.No.1485/2009. The appeal is allowed, however, without any order as to costs. The section will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted and that the conditions imposed by this court in delay petition have been complied with . PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl