IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 LA.App..No. 317 of 2006(D) -------------------------- LAR.8/2003 of SUB COURT, PAYYANNUR .................... APPELLANT(S): PETITIONER. ------------------------- KANDOTH AMBU ALIAS MAYINKUNHAMBU, S.O,KUNHATHI MAYI HOUSE, SURABHI NAGAR, NEAR RAILWAY STATION, PAYYANNUR. BY ADV. SRI.M.SASINDRAN SRI.T.P.ELDHO RESPONDENT(S): RESPONDENT. -------------------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISTION, THALASSERY. 2. THE SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, THIRUVANANTHAPURAM. ADV. SMT.V.P.SEEMANDINI, SC, FCI FOR R2 SR. GOVT. PLEADER SRI.P.K.BABU FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------ LAA. No. 317 of 2006 ----------------------------------------------- Dated this the 22nd day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. Claimant is in appeal being not satisfied by the determination of the market value of land under acquisition by the reference court. The acquisition was of property in Payyannur amsom within the area of Payyannur Town for the purpose of construction of a railway siding for FCI's Godown. The relevant Section 4(1) notification was published on 14-7-1998. The L.A. Officer awarded land value at the rate of Rs.4508/- per cent. Before the reference court the claimant produced A1 and A2 sale deeds and also relied on Ext. A3 Commissioner's Report. A1 revealed a land value of Rs.29,000/- per cent and A2 revealed a land value of Rs.9000/- per cent. In A3 Commissioner recommended for a value of Rs.15,000/- per cent. The court below did not place reliance on A1 to A3. LAA. N0. 317/06 -2- Ultimately, relying on B3, the basis document the court below granted a nominal increase of Rs.492/- per cent. 2. We have heard the submissions of Mr.M.Sasindran, learned counsel for the appellant and those of Smt.S.Karthika, learned counsel for the requisitioning authority. Our attention was drawn by Mr.Sasindran to the judgment of the same reference court in LAR. No. 10 of 2003. That was a case pertaining to the same acquisition of property for which the same value was awarded by the L.A. Officer. Under that judgment the reference court re-fixed land value at Rs.7000/- per cent. The registry reported to us that the judgment in LAR. No. 10 of 2003 has become final in the sense that no appeal was preferred by anybody against that judgment. 3. We have scanned the judgment in LAR. No. 10 of 2003. We are of the view that there is justification for awarding the value re-fixed under that judgment to the LAA. N0. 317/06 -3- appellant herein. After all, the acquisition was for the same purpose and pursuant to the same notification. According to the L.A. Officer the properties in that case and the properties under acquisition in the present appeal were having the same value. Noticing the finality attained by judgment in LAR. No. 10 of 2003 we are inclined to interfere with the impugned judgment and re-fix the market value of the land in this case under acquisition at Rs.7000/- per cent. The appeal stands allowed to that extent, but in the circumstances without any order as to costs. Needless to mention, the appellant will be entitled for all statutory benefits on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE ksv/-