IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 LA.App..No. 1795 of 2008(C) --------------------------- LAR.561/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- THE SPECIAL TAHSILDAR, (LA), KOZHIKODE. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): --------------- 1. GOVINDAN VAIDIAR (DIED), S/O UKKADAN VAIDIAR, CHATHAMANGALAM KOZHIKODE. 2. SARASWATHY, GOVINDAN VAIDIAR (DIED), S/O UKKADAN VAIDIAR, CHATHAMANGALAM,KOZHIKODE. 3. SUPPL.3- JAYASREE MULLERI, D/O GOVINDAN VAIDIAR (DIED), CHATHAMANGALAM, KOZHIKODE. 4. SUPPL.4 -BROTHER JAYAN,D/O.GOVINDAN VAIDIAR (DIED), CHATHAMANGALAM KOZHIKODE. 5. THE DIRECTOR, ELECTRONIC DESIGN AND TECHNOLOGY, CHATHAMANGALAM. ADV. SRI.T.G.RAJENDRAN FOR R5 SRI.M.GOPIKRISHNAN NAMBIAR FOR R2,3 & 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. ------------------------ L.A.A.No. 1795 OF 2008 ------------------------ Dated this the 16th day of January, 2009 JUDGMENT Pius C.Kuriakose, J. We do not find any ground to admit this appeal preferred by the Government. This appeal pertains to acquisition of land in Kozhikode Village pursuant to a notification under Section 4(1) published on 26/4/1997 for the establishment of Centre for Electronic Design and Technology. The land acquisition officer awarded land value at the rate of Rs.6,873.68 per cent. A total extent of 15.80 acres of land was acquired by the appellant for the same purpose. This case involves an extent of 97.76 cents of land. Other referring cases involving varying extents of land were also filed. The land acquisition officer had treated the entire property under acquisition to be of the same value for the purpose of passing his award. In this case alone, the reference court came to award only 15,000/- per L.A.A..No.1795/2008 2 cent as refixed land value while in all the other cases, the land value was refixed as Rs.20,000/-. This led to institution of appeal and cross objection before this court. Pursuant to the appeal and cross objections, the matter was remanded to the reference court and the impugned judgment is the revised judgment pursuant to the remand. The reference court, relying mainly on Exts.A5 to A7 appellate judgments, refixed the land value at the rate of Rs.20,000/- per cent. The effect of the impugned judgment is that the respondents have come to be treated on a par in the matter of fixation of land value with the other land owners whose properties were acquired for the same purpose. 2. Sri.M.Gopikrishnan Nambiar took notice on behalf of the claimant respondents and he has placed before us copies of Exts.A5, A6 and A7. We are convinced on a perusal of those copies that this court has approved the value at the rate of Rs.20,000/- per cent in other cases covered by the very same notification. 3. Under the above circumstances, we are of the view that interest of justice demands that the respondents also get L.A.A..No.1795/2008 3 land value at the rate granted under the impugned judgment. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE M.C.HARI RANI, JUDGE dpk