IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 LA.App..No. 322 of 2003() ------------------------- LAR.567/1998 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT: ----------------------- ANTHRAYOSE, S/O. PAULO, THEKKINEN HOUSE, VADAKKUMBHAGOM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- STATE OF KERALA. GOVERNMENT PLEADER SRI.BASANT BALAJI (NO MEMO) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.322 OF 2003 ------------------------ Dated this the 2nd day of June, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal pertains to acquisition for the construction of Idamalayar Irrigation Project, Chalakudy. The claimant is the appellant and his property was included by the land acquisition officer in category 3 and he was awarded land value by the land acquisition officer at the rate of Rs.4,400/- per Are. The reference court under the impugned judgment would grant enhancement by 50% and refix the land value at the rate of Rs.6,600/- per Are. Our attention was drawn by Sri. Julian Xavier, learned counsel for the appellant, to our own common judgment dated 20.5.2009 in L.A.A. No.954/2002 series. All those appeals were pertaining to the acquisition for the same project pursuant to the very same section 4(1) notification. Under that judgment, on making a thorough reappreciation of the evidence which was there before the trial court, we refixed the value of the lands in category 2 at Rs.10,000/- per Are and those in categories 4 ad 5 respectively at Rs.8,900/- per Are and L.A.A..No.322/2003 2 Rs.6,800/- per Are. In fact, what we did was to determine the value of the properties in category 2 and then follow the ratio followed by the land acquisition officer in his original award for determining the values of the properties in the other categories. It is submitted by Sri.Jullan Xavier learned counsel for the appellant and seen from the award that the land acquisition officer had granted value of more than 93% of the value granted by him for the properties in category 2. We adopt the same ratio and refix the value of the properties in category 3 at Rs.9300/-. 2. Accordingly, this appeal will stand allowed and the value of the acquired properties is refixed at Rs.9,300/- per Are. The appellant is awarded enhanced compensation on that basis. It is needless to mention that the appellant will be entitled for the statutory benefits resulting from the refixation made by us under this judgment. In the circumstances of this appeal, the parties are directed to suffer their costs. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk L.A.A..No.322/2003 3 PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.322 OF 1998 ------------------------ JUDGMENT 2ND JUNE 2009