IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 LA.App..No. 578 of 2009(D) -------------------------- LAR.17/1998 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): -------------- ROHINIKUTTY, PALKULATHU VEEDU KILIKOLLOOR, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.BABY JOSE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA ERNAKULAM. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 578 of 2009 ------------------------------------------- Dated this the 16th day of February, 2010 J U D G M E N T Pius C. Kuriakose, J. After hearing both sides, by order dated 11-2-2010 we found that Ext.A1 judgment relied on by the appellant was a relevant one. Ext.A1 was in respect of the very same acquisition and of property in the same village. Under Ext.A1 the land acquisition officer had awarded land value of Rs.8083/- per Are only unlike the property in the present case where the land acquisition officer has awarded land value at the rate of Rs.8982/- per Are, thus the property in the present case was superior to the property under Ext.A1. Under Ext.A1, the reference court has fixed the land value at Rs.18,525/- per Are, thus enhancing the land value by 129% over what was awarded by the land acquisition officer. The registry now reports to us that Ext.A1 has become final in the sense that no appeal was preferred by LAA. No. 578/09 - 2 - the Government against Ext.A1. Under the above circumstance we are of the view that there is justification for granting the same ratio of enhancement to appellant also relying on Ext.A1. We allow the appeal and re-fix value of the land under acquisition at Rs.20,600/- per Are. Appeal is allowed as above. The appellant will be entitled to all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of the re-fixation done under this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-