IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 LA.App..No. 1545 of 2009() -------------------------- LAR.53/2003 of SUB COURT,THODUPUZHA .................... APPELLANT(S): -------------- THOMAS STEPHAN S/O.ESTHAPAN, PULIMOOTIL HOUSE, THODUPUZHA. BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. SR. GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1545 of 2009 ---------------------------------- Dated this the 21st day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimant is the appellant. The property under acquisition was in Thodupuzha Village within the area of the Thodupuzha Muncipal Town. The acquisition was pursuant to Section 4(1) notification published on 1.6.1999 for the purpose of constructing Vengallor-Mangattukavala Byepass road. Land Acquisition Officer included the property in category No.IIIB wet and awarded land value at the rate of Rs.1,983 per cent. The reference court on the basis of the evidence found that the property was eligible to be included in category No.IIIA dry. Relying on the award of the court in LAR.No.69/03 the court below refixed the value of the land under acquisition at Rs.40,200/- per cent. The ground which is mainly urged in this appeal is that this court considering LAA.No.445/2008 preferred by the claimant in LAR.No.69/2003, has enhanced the land value of the properties in LAR.No.69/2003 to Rs.52,000/- per cent and L.A.A.1545/09 2 therefore the appellant, who was the party in LAR.No.69/2003 should be awarded the same rate in this appeal also. It is conceded by Smt. Latha T. Thankappan learned Government Pleader that though the change of category made by the learned Subordinate Judge under the present judgment was challenged by the Government by preferring L.A.A.No.1629/2007 and the above appeal was dismissed. We are of the view that there is considerable force in the submission of the appellant, who is the appellant in L.A.A.No.445/2008 also that the value of the property under acquisition which was lying contiguous to the property involved in LAR.No.69/2003 should be at the same rate. We therefore allow the appeal and refix the value of the land under acquisition at Rs.52,000/- per cent. This means that over and above what is awarded by the reference court the appellant will be entitled for a further amount of Rs.11,800/- per cent. Appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act for the total enhanced compensation to which he becomes eligible by virtue of this judgment. While the decree is drawn up the Registry will have due regard to the L.A.A.1545/09 3 conditions imposed by this court under the order dated 21.12.2009 in CMA.No.2137/2009. Parties are directed to suffer their costs. The decree copy will not be issued to the appellant unless the entire balance court fee payable on the appeal memorandum is paid. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb