IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 1280 of 2009(D) -------------------------------- LAR.54/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANTS G TO I --------------------------------------- 1. ANITHA, W/O PADMAPRABHA, PADMAVILASAM, MANAKKAD P.O., THODUPUZHA. 2. VISHNUPRABHA, S/O PADMAPRABHA, -DO- -DO- 3. VARNAPRABHA, AGED 15 YEARS, MINOR, REPRESENTED BY 1ST APPELLANT. BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI RESPONDENT(S): RESPONDENT & A CLAIMANT ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. JAGADAMMA, W/O NARAYANAN NAIR, PADMAVILASAM, MANAKKAD. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1280 of 2009 ------------------------------------------------ Dated this the 26th day of March, 2010 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. Their property in Manakkadu village was acquired pursuant to section 4(1) notification published on 12/06/02 for the purpose of construction of Thodupuzha bye- pass. As against the appellants' claim of Rs.2,50,000/- per cent the Land Acquisition Officer awarded land value at the rate of Rs.27,155/- per Are. The Reference Court on evaluating the evidence which came on record re- fixed the land value at Rs.32,530/- per cent. Our attention was drawn by Sri.Santheep Ankarath, the learned counsel for the appellants to our own L. A. A. No.1280 of 2009 -2- judgment in L.A.A.337/09. We notice that the above judgment was in respect of acquisition of identical property for the same purpose. The Land Acquisition Officer had in fact, awarded only a lesser value of Rs.17,560/- per Are for the property involved in that case. The court re-fixed the value of that property also at the same rate i.e. Rs.32,530/- per cent. Under that judgment we re-fixed the value of that property at Rs.50,000/- per cent. We are of the view that the request of Mr.Santheep that the value of the property under acquisition be fixed at Rs.50,000/- is quite reasonable. It is not disputed by the learned Government Pleader that the judgment in L.A.A.337/09 has attained finality. Under these circumstances, we follow the decision taken by this Court in L.A.A.337/09 and re-fix the value of L. A. A. No.1280 of 2009 -3- the land under acquisition at Rs.50,000/- per cent in modification of the judgment and decree under appeal. The appeal is allowed to the above extent. 2. It is needles to mention that the appellants will be entitled for all statutory benefits admissible under sections 23(2), 23(1A) and under section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-