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 28TH JUNE 2010 / 7TH ASHADHA 1932 LA.App..No. 675 of 2005(C) ------------------------- LAR.30/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. PULPARAMBIL BABU RAJ, CHEVAYUR AMSOM AND DESOM, CHEVARAMBALAM P.O., KOZHIKODE. 2. PULPARAMBIL VASANTHA, W/O. LATE P.SUKURAJ, CHEVAUR AMSOM DESOM OF KOZHIKODE. 3. JIJISHA, D/O. LATE SUKUMARAN, DO. 4. JIJESHKUMAR, S/O. LATE SUKUMARAN, DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISITION N.H.NO.1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, N.H. DIVISION, KOZHIKODE. SR.GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, ALONG WITH LAA NO. 676 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. Nos.675 and 676 of 2005 ---------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimants are in appeal. These appeals pertain to acquisition of both garden land and wet land in Chevayur Village pursuant to Section 4(1) notification published on 9.12.1993 for the purpose of construction of Kozhikode Bye-pass. Under the impugned judgment, the reference court has fixed the value of garden land at Rs.30,000/- per cent while the value of wet land is fixed at Rs.12,000/- per cent. 2. Sri.T.G.Rajendran, learned counsel for the appellants has drawn our attention to our own judgment in LAA.774/2006. We find that the above judgment pertains to acquisition of wet lands in the same village. Under that judgment we re-fixed value of wet lands at Rs.50,000/- per cent. Having taken into account the ratio L.A.A.675 and 676 of 2005 2 maintained by the Land Acquisition Officer between values of garden land and wet land we would have been inclined to re-fix the market value of garden land at Rs.50,000/- per cent. But we notice in these appeals that claimants had limited their claim to Rs.30,000/- per cent in respect of garden land, and Rs.25,000/- per cent for wet land. Both these appeals therefore will stand allowed in full. Appellants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Appellants will be entitled for their costs also in these appeals. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb