IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 LA.App..No. 959 of 2000(D) -------------------------- LAR.4/1998 of SUB COURT, PAYYANNUR .................... APPELLANT(S): PETITIONER -------------- 1. KODIYATH PADINHARE VEETTIL RAGHAVA PODUVAL S/O KANNAN NAIR P.O.RAMANTHALI, KANNUR DIST. ( DIED ADDITIONAL APPELLANTS 2. K.N.SAROJINI, W/O LATE K.P.RAGHAVA PODUVAL AGED 62 YEARS, KODIYATH HOUSE, RAMANTHALI, KANNUR DISTRICT 3. K.N.JYOTHI KUMARI, D/O LATE K.P.RAGHAVA PODUVAL, -DO- 4. K.N.MANORAMA, D/O LATE K.P.RAGHAVA PODUVAL -DO- Additional appellants 2 to 4 impleaded as LR's of deceased appellant vide order dated 23-5-2007 in I.A.No.1413/2007. BY ADV. SRI.K.V.SOHAN SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENT -------------------------------------------- THE SPECIAL TAHSILDAR ( LAND ACQUISITION ) KANNUR BY GOVT. PLEADER SMT.LATHA.T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.959 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 JUDGMENT Pius.C.Kuriakose, J. The claimant in a reference under Section 28 A (3) is the appellant and it appears to us that there is some genuineness in the grievance which is voiced by him. The land acquisition officer awarded land value at the rate of Rs. 262/- per cent in his case, whereas in the judgment relied on for the proceedings under Section 28 (A), the land acquisition officer awarded land value at the rate of Rs. 466/- per cent. Thus according to the land acquisition officer, the value of property under acquisition was 56% of the value of the property covered by the judgment relied on in the application under Section 28A. It is not disputed that the property under acquisition and the property covered by the judgment relied on were acquired pursuant to the very same Section 4(1) notification. The reference court has granted only Rs.330/- per cent taking the view that the property under acquisition was inferior to the property covered by the judgment. We are of the view that the reference court was bound to award proportionate enhancement based on the judgment relied on. Doing so, the market value of the property LAA.NO.959/2000 2 under acquisition will have to be refixed at Rs. 455/- per cent. We are inclined to allow the appeal to the above extent. The result therefore is as follows : The appeal will stand allowed . The land value of the property under acquisition is refixed at Rs. 455/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which the he becomes eligible by virtue of our refixation under this judgment. In all other respects, the award of the reference court will stand confirmed. The appeal is allowed, but parties are directed to suffer their costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.NO.959/2000 2