IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 LA.App..No. 1027 of 2007() -------------------------- LAR.34/2004 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE STATE OF KERALA, REP. BY ITS SPECIAL TAHSILDAR, (LAND ACQUISITION), RAILWAY, KASARAGOD. 2. THE DISTRICT COLLECTOR, KASARAGOD. * 3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR. (THE 3RD APPELLANT IS TRANSPOSED AS THE 3RD RESPONDENT AS PER ORDER DT.12.11.2009) BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. KUMARAN NAIR, S/O.KUNHAMBU NAIR, RESIDING AT MANI HOUSE, KALNAD VILLAGE, KASARAGOD. 2. PARAMESWARA KARANTH, S/O.SHIVARAMA KARANTH, CHATHAKAN, KALNAD VILLAGE, KASARAGOD. * 3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR. ADV. SRI.V.V.ASOKAN FOR R1 SMT.S.AMINA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN IA.2591/2007 DISMISSED. 12-11-2009. SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE // True Copy // P.A. To Judge PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1027 of 2007 B ``````````````````````````````````````````````````````` Dated this the 12th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the government pertains to acquisition of land in Kalanad village of Kasaragod district for the purpose of doubling of railway line. The relevant section 4(1) notification was published on 18-11-2002. The Land Acquisition Officer awarded land value at the rate of Rs.1,000/- per cent. The reference court, under the impugned judgment, relied on by Ext.A1 copy of the judgment in L.A.R.No.11/2004 and refixed the land value at Rs.10,000/- per cent. It is noticed that this Court has, by judgment dated 27-08-2009, set aside Ext.A1 and refixed the land value granted under Ext.A1 at Rs.3,000/- per cent. In view of the judgment in L.A.A.No.1109/2007, we modify the impugned judgment and refix the value of land at Rs.3,000/- per cent. Appeal is allowed as above without any order as to costs. It is needless to mention that the claimant respondent will be entitled LAA.1027/07 : 2 : for all statutory benefits admissible under law for the enhanced compensation to which he becomes eligible by virtue of this judgment. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks