IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 LA.App..No.381 of 2006 (A) -------------------------------- LAR.117/2003 of SUB COURT, QUILANDY .................... APPELLANT(S): 2ND RESPONDENT ---------------------------------------- THE MANAGING DIRECTOR, KSIDC, REP. BY ASST. GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R1 ------------------------------------------ 1. SRI. MALAYIL SREEDHARAN, S/O. MADHAVAN, MALAYIL HOUSE, MINALUR, KOZHIKODE. 2. THE DISTRICT COLLECTOR, KOZHIKODE. ADV. SRI.SUNNY MATHEW FOR R1 SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.381 OF 2006 ------------------------ Dated this the 24th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the requisitioning authority KSIDC. The acquisition was for the purpose of widening of PWD road from Vattoli to Kinalur. Relevant Section 4(1) notification was published on 12/4/1999. The land acquisition officer awarded land value at the rate of Rs.3030/- per cent. Under the impugned judgment, the same was enhanced to Rs.8000/- per cent. 2. Heard both sides. Our attention is drawn by Sri.Joby Cyriac, learned counsel for the appellant to the common judgment of this court in L.A.A. No.659/2005 series dated 2/9/2008. Under that common judgment, this court decided a large number of appeals pertaining to the same acquisition. It is seen that this court considering the certain cross objections filed by the claimants, has refixed the value of the properties falling within the category of the acquired property in this case at Rs.7500/- per cent. LAA.No.381/2006 2 2. Following that common judgment, this appeal has to be allowed and the value of the property under acquisition has to be refixed at Rs.7,500/- per cent. Accordingly, we set aside the judgment under appeal and refix the value of the land under acquisition at Rs.7,500/- per cent. 3. The appeal will stand allowed to that extent. It is made clear that the appellant will be entitled for all statutory benefits under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of our refixation of the land value under this judgment. Parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk