IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 LA.App..No. 601 of 2010() ------------------------- LAR.151/2007 of SUB COURT, PAYYANNUR .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- THE DISTRICT COLLECTOR, KANNUR AND ANOTHER. BY GOVERNMENT PLEADER SRI.R.BINDU RESPONDENT(S): CLAIMANT IN LAR ------------------------------ SMT.MARIYATHINTE MARIYAM, W/O.N.P.P.MUHAMMED,P.O.PALAKODE,VENGARA. ADV. SRI.SERGI JOSEPH THOMAS FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 601 OF 2010 ------------------------ Dated this the 24th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal preferred by the Government is the award of the Reference Court in a Reference Under Section 28A(3). One ground raised in this appeal has considerable appeal. The ground is that the court below has granted to the respondent more land value than what had been awarded to the party to L.A.R. No.124/1987 which was the judgment relied on by the appellant in his application under Section 28A. 2. It is submitted by Smt.R.Bindu, learned senior Government Pleader, that under L.A.R. No.124/1984 the land value was determined at Rs.809.71 per cent. The Court below relied on its own subsequent judgments (Exts.A1 to A5) to award land value at the rate o Rs.2,000/- per cent. 3. The appeal necessarily has to be allowed. We modify LAA.No.601/2010 2 the impugned award and refix the land value at Rs.809.71 per cent. The learned counsel for the claimant submitted that the entire compensation due as per the impugned judgment has been utilised by the respondent/claimant for purchasing a homestead and that it will be unjust to insist that a portion of the same is refunded. We will only observe that if as and when proceedings under Section 144 of CPC are initiated by the Government, it is open to the appellant to raise all available contentions. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk