IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 LA.App..No. 350 of 2005(B) ------------------------------ LAR.241/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANT IN LAR.241/2000: ------------------------------------------------- K.K. SREENIVASAN, AGED 60, USHAS, ASHOKAPURAM, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S)/RESPONDENTS IN LAR.241/2000: --------------------------------------------------------- 1. THE SPECIAL TAHSILDAR, L.A. N.H.II-KOZHIKODE. 2. THE EXECUTIVE ENGINEER, N.H. DIVISION, KOZHIKODE. GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.350 of 2005 ------------------------------------------------ Dated this the 7th day of April, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His wetland in Vengeri village was acquired pursuant to Section 4(1) notification published on 08/08/93. The Land Acquisition Officer awarded land value at the rate of Rs.4552/- per cent. The Reference Court on the basis of the evidence adduced by the claimants re-fixed the land value at Rs.9,000/- per cent. 2. Having considered the submissions addressed before us by Sri.R.Sudhish, the learned Counsel for the appellant and also those of Smt.T.T.Josephina, the learned Government Pleader and having re-appraised the evidence and having taken into account the judgment of this Court in L.A.A.2180/08 and connected matters pertaining to L. A. A. No.350 of 2005 -2- acquisition of dry land pursuant to same notification in the same village, we feel that there is every justification for allowing this appeal and re-fixing the market value of the land under acquisition at Rs.15,000/- per cent. Accordingly, we allow the appeal and re-fix the market value at Rs.15,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties will however, suffer their respective costs. Decree copy will be issued only after ensuring that full court fee payable on the appeal memo is remitted. The appellant will be entitled for proportionate cost also. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.350 of 2005 -3-