IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 LA.App..No. 1224 of 2007() -------------------------- LAR.12/1999 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ---------------------- THAINGOLI NARAYANI AMMA, W/O.GANGADHARAN NAMBIAR, VAYAREEDATHIL HOUSE, NADAL P.O., EDAKKAD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR (L.A), KANNUR. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1224 OF 2007 ------------------------ Dated this the 18th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Dry lands and wet lands belonging to him situated in Edakkad Village of Kannur District were acquired for the purpose of Chovva - Nadal Bye pass pursuant to Section 4(1) notification published on 1/11/1997. For dry lands, he was awarded value of Rs.4,950/- per cent and the Reference Court refixed the same at Rs.7500/- per cent. For wet lands, he was awarded land value at Rs.2004/- per cent which was refixed by the Reference Court at Rs.3,000/- per cent. 2. Our attention is drawn by the learned Government Pleader to the judgment of this court in L.A.A. No.1081/2005. We notice from that judgment that for garden lands almost identical this court has refixed the value by Rs.10200/- per cent. According to us, the issue regarding the correct market value payable for garden land involved in this acquisition is covered in favour of the appellant by that judgment. Hence, we enhance the market value of the garden lands acquired in this case at LAA.No.1224/2007 2 Rs.10200/- per cent. We are of the view that more or less similar rate of enhancement can be given for wet lands also. Hence, we refix the value of wet land at Rs.4008/- per cent. 2. The appeal will stand allowed as above. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order dated 1/6/2009 in C.M.Appln.No. 1428/2007. The Section will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted and the conditions imposed in the order in C.M.Appln. No.1428/2007 are complied with. The appeal is allowed as above. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk