IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 LA.App..No. 376 of 2006(D) -------------------------- LAR.220/2003 of SUB COURT, KOYILANDY .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE MANAGING DIRECTOR, KSIDC, REP. BY ASST.GENERAL MANAGER, KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC RESPONDENT(S): CLAIMANT AND R1: ------------------------------ 1. CHOYIMADATHIL IMBICHI ALI, S/O. AHAMMEDKUTTY, KINALUR, KOYILANDY. 2. THE DISTRICT COLLECTOR, KOZHIKODE. SR. GOVT. PLEADER SMT. LATHA T. THANKAPPAN FOR R2 SRI.SUNNY MATHEW FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, ALONG WITH LAA NO.377 OF 2006 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.1295/2006 IN LAA.376/2006 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 2.6.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. Nos.376, 377,379 & 480 of 2006 And L.A.A.Nos.98 & 466 of 2007 ---------------------------------- Dated this the 2nd day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Issue raised by the appellants in these appeals namely the requisitioning authority KSIDC and the State is actually covered in their favour by judgment of this court in LAA.No.381/2006, common Judgment in LAA.No.659/2005 series etc. Acquisition was for the purpose of widening of PWD road from Vattoli to Kinalur leading to KSIDC's Industrial Growth Centre. Land Acquisition Officer awarded land value at Rs.3,013/- per cent. Under the impugned judgment the reference court re-fixed the same at Rs.8,000/- per cent. Under the common judgment in LAA.No.659/2005 series and the judgment in LAA.No.381/2006 this court modified the award of the reference court and re-fixed land value at Rs.7,500/- per cent. Necessarily the impugned judgments are to be interfered with and land value re-fixed L.A.A.376,377,379& 480 of 2006 & 98 & 466 of 2007 2 accordingly. 2. The result is that all these appeals will stand allowed. Value of land under acquisition will stand re-fixed at Rs.7,500/- per cent. However, claimants will be entitled for all statutory benefits on the total enhanced compensation admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb