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 20TH JULY 2010 / 29TH ASHADHA 1932 LA.App..No. 700 of 2006 (D) -------------------------------- LAR.82/2003 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): CLAIMANT ----------------------------- SRI.SAJU K.THOMAS, KUTTUKARAN HOUSE, 32/1247/B, KADAVATH ROAD, PALARIVATTAM, KOCHI-25. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S)/RESPONDENTS: ------------------------------------ 1. THE SPECIAL TAHSILDAR, L.A., THRISSUR MUNICIPALITY, THRISSUR. 2. THRISSUR CORPORATION. 3. THE DISTRICT COLLECTOR, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R2 SRI.LELLULAL T.G.THUNDATHIL FOR R2 SRI.K.A.SREEJITH FOR R2 GOVT.PLEADER SMT.P.N.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.700 of 2006 ------------------------------------------------ Dated this the 20th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His land situated within the area of Thrissur Municipal Corporation was acquired for the purpose of widening of Pattalam road and the construction of a shopping centre for the Thrissur Corporation. The acquisition was pursuant to Section 4(1) notification published on 08/10/99. The Land Acquisition Officer awarded land value at the rate of Rs.1,80,000/- per Are. The Reference Court under the impugned judgment would enhance the same to Rs.99,500/- per cent. L. A. A. No.700 of 2006 -2- 2. In this appeal various grounds have been raised contending that the market value re-fixed by the court below is grossly inadequate. Having regard to the submissions addressed by Sri.P.Santhalingam, the learned counsel for the appellant who drew our attention to the common judgment of this Court in LAA.976/02 series to which one among us [PCK(J)] was party, we are of the view that the appeal should be allowed. We notice that under that judgment market value of identical land for which the court had awarded the same rate has been re-fixed at Rs.1,97,600/- per cent. Accordingly allowing the appeal we re-fix the value of the land under acquisition at Rs.1,97,600/- per cent. The appellant will be entitled for enhanced compensation on that basis. L. A. A. No.700 of 2006 -3- He will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-