IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 LA.App..No. 749 of 2010(B) ------------------------------- LAR.7/2007 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ----------------------------- JAYAKUMAR, S/O. KRISHNAN NAIR, SARASWATHI MANDIRAM, MANAKKAD, THODUPUZHA. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): RESPONDENT/CLAIMANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE SECRETARY, THE MANAKKAD SERVICE CO-OPERATIVE BANK LTD., MANAKAD. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, A/W LAA.758/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.749 & 758 of 2010 ------------------------------------------------ Dated this the 15th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are the appellants in these cases. Their land in Manakkad village of Thodupuzha thaluk were acquired for the purpose of construction of Thodupuzha bye pass - Kolani - Vengalloor Road. The relevant Section 4(1) notification was published on 12/06/02. The Land Acquisition Officer awarded land value at the rate of Rs.19,512/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.57,733/- per Are. 2. We have heard submissions of L. A. A. Nos.749 & 758 of 2010 -2- Sri.Unnikrishnan V. Alapatt, the learned counsel for the appellants and those of Smt.Latha T. Thankappan, the senior Government Pleader. Our attention is drawn by the learned counsel as well as the learned senior Government Pleader to our own judgment in LAA.1355/09 which was in respect of acquisition of identical land for the same purpose. We notice that under that judgment we have re-fixed the value of land under acquisition at Rs.50,000/- per cent. We notice our own judgments in State of Kerala v. Jose Simon [2009(1) KLT 760] and other cases pertaining to acquisition of land in Thodupuzha Municipality more or less at various points of time. We do not find any reason as to why the appeal should not be allowed re-fixing the market value L. A. A. Nos.749 & 758 of 2010 -3- of land at Rs.50,000/- per cent. Allowing both these appeals we re-fix the value of land under acquisition at Rs.50,000/- per cent corresponding to Rs.1,23,550/- per Are. The appellants are entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs throughout. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-