IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 LA.App.No. 1806 of 2007() -------------------------- LAR.193/2003 of ADDL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS 1, 3 & 4 -------------------------------- 1. MANIYAMBATH BALAN, MANIYAMBATH VEEDU, PULLAMBIL ROAD, P.O.CHIRAKKARA. 2. MANIYAMBATH VASU, DO. DO. 3. MANIYAMBATH KAMALA, DO. DO. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SMT.V.A.SARITHA RESPONDENT(S)RESPONDENTS: ------------------------- 1. GOVT. OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. 2. EXECUTIVE ENGINEER, N.H.DIVISION, KANNUR. GOVERNMENT PLEADER SRI.BASANT BALAJI. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No. 1806 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 Judgment Basheer, J: This appeal is directed against the decree and judgment in LAR.No.193/2003 on the file of the Subordinate Judge's Court, Thalasserry. The appellant has preferred this appeal dis-satisfied with the quantum of compensation awarded for an extent of 0.1024 hectares of land acquired from him for the purpose of development of Thalasserry-Mahe bye-pass road. 2. The Land Acquisition officer awarded a sum of Rs.2,98,295/- to the appellant. On a reference made for enhancement of compensation, the court below granted an additional compensation of 15% over the land value adopted by the Land Acquisition Officer. In other words, the Reference Court gave an enhancement of Rs.29,444/-, over and above the value adopted by the Land Acquisition Officer. 3. Appellant has claimed that he is entitled to get at least Rs.17,500/- per cent, for the entire extent of land acquired from him. Learned counsel for the appellant invites our attention to a judgment rendered by this Court in LAA.1254/2005 which related to the same acquisition proceedings. In this judgment the Division Bench has awarded a sum of Rs.17,500/- per cent to the claimant LAA.1806/2007. : 2 : in that case. Learned counsel for the appellant submits that in the interests of justice, the same rate may be adopted in this case as well. However it is submitted by the learned Govt. Pleader that the value adopted by the Division Bench in the above appeal was in respect of a small piece of land though it was similarly situated. 4. It is not in dispute that the acquisition in the above appeal was also for the very same purpose viz., Thalasserry-Mahe bye- pass. In that view of the matter, we are satisfied that the appellant in this case can also be awarded compensation at the rate of Rs.17,500/- per cent for the extent of land viz., 0.1024 hectares acquired from him. It is accordingly held that the appellant shall be entitled to get land value at the rate of Rs.17,500/- per cent for the land acquired from him. 5. The appeal is disposed of in the above terms. It is made clear that the appellant shall also be entitled to all the other statutory benefits as provided under the Land Acquisition Act. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.