IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 LA.App..No. 972 of 2008() ------------------------- LAR.31/2003 of SUB COURT, VADAKARA .................... APPELLANT(S)/RESPONDENT: -------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA), KOYILANDY. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANT/RESPONDENT NO.2: --------------- 1. G.BAIJU, S/O. A.M.GOPALAN, GOKULAM VILLA, PUTHUPPANAM. 2. THE SECRETARY, VADAKARA MUNCIPALITY. ADV. SRI.K.S.BABU FOR R1 SMT.N.SUDHA FOR R1 SRI.BINU B.SAMUEL FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.972 of 2008 ---------------------------------- Dated this the 19th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. This appeal by the Government pertains to acquisition of land for the purposes of construction of a link road connecting the C.C.Road to Villiappilly Road. Relevant Section 4(1) notification was published on 27.4.1999. Land Acquisition Officer awarded land value at the rate of Rs.7,612.53 per cent. Reference court re-fixed land value at the rate of Rs.35,000/- per cent. Our attention is drawn by the learned senior Government Pleader Sri.Basant Balaji to the judgment of another Division Bench of this court in which one among us (PCK(J)) was also party, i.e., the common judgment in LAA.317/07 series. Having gone through that judgment we are of the view that the issue raised in this appeal is covered in favour of the Government by the above judgment. Following that judgment we allow this appeal and re-fix the market value of land at Rs.31,000/- per cent. Appeal is allowed to the above extent. It is made clear that L.A.A.972/08-C 2 the respondents will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the total compensation at the re-fixed rates. Parties will suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb