IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 LA.App..No.1346 of 2008(B) --------------------------------- LAR.4/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ------------------------------- R.BHASKARAN NAIR, AGED 87 YEARS, S/O.LATE DAMODARA PANICKER, MANTHATTU (KOODALLIL), PALLIPURAM P.O., CHERTHALA. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SPECIAL TAHSILDAR, (L.A), INDUSTRIAL GROWTH CENTER, ALAPPUZHA. 2. MANAGING DIRECTOR, K.S.I.D.C., THIRUVANANTHAPURAM. ADV. SRI.D.KRISHNANKUTTY PILLAI FOR R2 SRI.SHEEJO CHACKO FOR R2 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.1346 of 2008 ------------------------------------------------ Dated this the 11th day of June, 2009 JUDGMENT Pius C. Kuriakose, J This appeal is preferred by the claimant in L.A.R.4/04 of Subordinate Judge's Court, Cherthala whose property was acquired for the establishment of the Industrial Growth Centre by the KSIDC at Pallippuram, Cherthala. The Land Acquisition Officer included this property in category 3 and awarded land value at the rate of Rs.7,876/- per Are. The claimant relied mainly on Ext.A2 judgment of the same court in another case involving the properties in category 3 where the reference court has re-fixed the land value at the rate of Rs.17,290/- per Are. The Reference Court, however, did not become inclined to rely on L. A. A. No.1346 of 2008 -2- Ext.A2 judgment on the reason that the claimant did not adduce evidence to show that the acquired property in the case is similar to the property covered by Ext.A2 judgment and that the property has also the similar potentiality. 2. In this appeal, the appellant urges that the re- fixation of the value of properties in category 3 at the rate of Rs.17,290/- has been approved not only by this Court, but also by the Supreme Court. 3. We have heard the submission of Smt.Jeena Joseph, the learned counsel for the appellant, Sri.Basant Balaji, Sr. Government Pleader and those of Sri.D.Krishnankutty Pillai, the learned Standing counsel for the respondent. Smt.Jeena Joseph, the learned counsel for the appellant drew our attention to various judgments of this Court and the judgment of L. A. A. No.1346 of 2008 -3- the Supreme Court where the value of properties in category 3 acquired for the same purpose was re-fixed at Rs.17,290/- including our recent judgment in L.A.A.593/08. 4. Having considered the rival submissions, we are of the view that the appellant is entitled to have the value of his acquired property re-fixed at Rs.17,290/- per Are since the inclusion of the appellant's property in category 3 is not under challenge and cannot be challenged at the instance of the second respondent. This Court and the Supreme Court has approved re-fixation of the value at Rs.17,290/- per Are. So the appellant is certainly entitled for re-fixation of values of his acquired property at that rate. L. A. A. No.1346 of 2008 -4- 5. Accordingly, allowing this appeal, we re-fix the value of the property belonging to the appellant at Rs.17,290/- per Are. The appellant will be entitled for enhanced compensation on the above basis. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 21 (a), 22 and 28. 6. This appeal is allowed as above without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-