IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 LA.App..No. 156 of 2010(D) ------------------------------- LAR.3/2004 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ----------------------------- BENSON JACOB, THAZHATHUPARAMBIL, THODUPUZHA. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT(S)/RESPONDENT: ----------------------------------- STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR IDUKKI. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, ALONG WITH LAA NO.157 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.156 & 157 of 2010 ------------------------------------------------ Dated this the 5th day of March, 2010 JUDGMENT Pius C. Kuriakose, J These appeals are filed by the claimants who are brothers. The appeals pertain to acquisition of land in Thodupuzha village for the purpose of widening of Thodupuzha - Ramamangalam Public Road pursuant to section 4(1) notification published on 18/08/99. The Land Acquisition Officer awarded land value at the rate of Rs.28,000/- per cent corresponding to Rs.69,160/- per Are. The Reference Court under the impugned judgment re-fixed the land value at Rs.54,850/- per cent corresponding to L. A. A. Nos.156 & 157 of 2010 -2- Rs.1,35,476/- per Are. Grounds have been raised contending that the compensation re-fixed by the court below is inadequate. 2. Our attention is drawn by Sri.S.Ananthakrishnan, the learned counsel for the appellants to our own judgment in L.A.A.572/09 dt.23/02/10. We notice that the appellant in that case was a brother of the present appellants. We also notice that it was by a common judgment that the case covered by that appeal and the present cases were decided by the learned Subordinate Judge. We also notice that the properties were lying adjacently and the same value was awarded by the Land Acquisition Officer and by the Reference Court for those properties also. Under that judgment we re-fixed the value of L. A. A. Nos.156 & 157 of 2010 -3- the land at Rs.1,00,000/- per cent. For the reasons stated in that judgment, the value of the lands involved in these cases are also liable to be re-fixed at Rs.1,00,000/- per cent. Following the reasons mentioned in that judgment, we modify the impugned judgments and decrees impugned in these appeals and re-fix the value of the lands in these appeals at Rs.1,00,000/- per cent. These appeals are allowed as above. 3. It is needless to mention that the appellants will be entitled for all statutory benefits admissible under section 23(2), 23(1A) and under section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Payment of interest under section 28 will be subject to the L. A. A. Nos.156 & 157 of 2010 -4- order passed by this Court in the delay condonation petition. Parties are directed to suffer their costs. 4. Registry is directed to issue certified copies of the decrees in these cases to the appellants only after ensuring that the conditions imposed by this Court in I.A. Nos.827 & 831 of 2010 are complied with. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-