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 3RD JUNE 2010 / 13TH JYAISTHA 1932 LA.App..No. 646 of 2009() ------------------------------------ LAR.20/2008 of SUB COURT, VADAKARA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SREEMANI B.KURUP K.P.W/O.LATE BALAKRISHNA KURUP,RESIDING AT 'SREEDEVI' MARUNNOLI, NADAKKUTHAZHA VILLAGE, P.O.DUDUPPANAM, PIN"673105,VATAKARA,KOZHIKODE DIST 2. SREEJITH B.,S/O.LATE BALAKRISHNA KURUP, RESIDING AT 'SREEDEVI'MARUNNOLI,NADAKKUTHAZHA VILLAGE, P.O. DUDUPPANAM, PIN:673105, VATAKARA, KOZHIKODE DISTRICT. 3. PREMJITH B.,S/O.LATE BALAKRISHNA KURUP, RESIDING AT 'SREEDEVI'MARUNNOLI, NADAKKUTHAZHA VILLAGE, P.O.DUDUPPANAM, PIN:673105,VATAKARA, KOZHIKODE DISTRICT. 4. JEEJA.B.,S/O.LATE BALAKRISHNA KURUP, RESIDING AT 'SREEDEVI'MARUNNOLI, NADAKKUTHAZHA VILLAGE,P.O.DUDUPPANAM, PIN:673105,VATAKARA, KOZHIKODE DISTRICT. 5. JISHA.B. S/O.LATE BALAKRISHNA KURUP, RESIDING AT 'SREEDEVI'MARUNNOLI, NADAKKUTHAZHA VILLAGE, P.O.DUDUPPANAM, PIN:673105,VATAKARA, KOZHIKODE DISTRICT. 6. AJITH.B.,S/O.LATE BALAKRISHNA KURUP, RESIDING AT 'SREEDEVI'MARUNNOLI, NADAKKUTHAZHA VILLAGE, P.O.DUDUPPANAM, PIN:673105,VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR L.A. A. NO.646/2009 RESPONDENT(S): RESPONDENT ------------------------- 1. THE SPECIAL TAHSILDAR (LA) NATIONAL HIGHWAY, KOZHIKODE CIVIL STATION 2. THE EXECUTIVE ENGINEER, NH DIVISION, KOZHIKODE. BY GOVT. PLEADER SMR.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, ALONG WITH LAA. NO.698 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ ----------------------------------------------------------- L.A.A Nos.646, 698, 700, 746, 750 AND 860 OF 2009 -------------------------------------------------------------------- Dated this the 3rd day of June 2010 JUDGMENT Pius C kuriakose All these appeals are preferred by the claimants and they arise out of a common judgment. The acquisition was pursuant to Section 4(1) notification published on 10/04/2005. The purpose of the acquisition was widening of the National Highway between Kozhikode and Kannur. The properties were situated within the limits of Vadakara municipal town. The Land Acquisition Officer awarded land value at the rate of Rs.22,290.66 per cent. The reference court on evaluating the evidence re-fixed the land value at Rs.37,500/- per cent. Before the reference court as well as before this court the appellants are claiming land value at the rate of Rs.50,000/- per cent. Very strong reliance was placed before the court below on Ext.A2 common judgment in respect of a batch of ten cases relating to acquisition for the same purpose, but pursuant to Section 4(1) notification, some three years earlier. The Advocate Commissioner in his report Ext.X1 reported that the property in one of the cases covered by Ext.A2 is situate just opposite to the property in one of the cases covered by the batch of cases covered by the impugned judgment. L.A.A Nos.646, 698, 700, 746, 750 AND 860 OF 2010 2 Nevertheless, the learned Subordinate Judge took a view that Ext.A2 properties are situated far away from the properties under Acquisition and hence the value fixed under Ext.A2 cannot be granted. For Ext.A2 properties, even three years earlier to the present notification, the Land Acquisition Officer had awarded value of Rs.28,888/- which is more than the value of Rs.22,000/- awarded for the present property three years subsequently. The arguement of Mr.MGopikrishnan Nambiar under the finding that Ext.A2 properties are situate far away from the town is not correct. We feel that Ext.A2 properties were slightly superior in quality. At the same time, taking all relevant aspects into account including Ext.A2, according to us the value of the land under acquisition can be fixed at Rs.45,000/- per cent. It is accordingly fixed. 2. These appeals are allowed to the above extent without any order as to costs. It is needless to mention that the appellant will be entitled for all statutory benefits resulting from the re-fixation of market value under this judgment admissible under Sections 23 (2), 23(1)(A) and 28 of the Land Acquisition Act. PIUS C. KURIAKOSE, J C.K.ABDUL REHIM, J vdv