IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 LA.App..No. 19 of 2010(D) ------------------------------ LAR.436/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): 2ND CLAIMANT ----------------------------------- TOMY MATHEW, S/O.MATHEW, KOODARAPPILLY HOUSE, AYYILLYAM VEEDU, ST.JAMES ROAD, VYTTILA, ERNAKULAM. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): IST CLAIMANT ------------------------------------- 1. THRESSIA CHANDY, W/O.LATE CHANDY, KOODARAPPILLY HOUSE, VYTTILA, ERNAKULAM. 2. THE SPL. TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA. 3. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.19 of 2010 ------------------------------------------------ Dated this the 11th day of February, 2010 JUDGMENT Pius C. Kuriakose, J When this appeal came up for admission, as directed by us, Smt.Latha T. Thankappan has taken notice and we have heard the submissions of Sri.Liju M.P. and Smt.Latha T. Thankappan. 2. This appeal by the claimant pertains to acquisition of land in Poonithura village for the purposes of widening of Sahodaran Ayyappan Road pursuant to Section 4(1) notification published on 13/12/04. The Land Acquisition Officer awarded land value at the rate of Rs.6,17,250/- per Are. The Reference Court under the impugned judgment would re-fix land value at L. A. A. No.19 of 2010 -2- the rate of Rs.7,71,563/- per Are. The Reference Court did not rely on any of the documents produced by the claimant. What was ultimately done was to grant 25% increase on guess work. 3. Our attention is drawn by Sri.Liju to the judgment of this Court in L.A.A.197/08. It is seen from that judgment that this Court has approved re-fixation of land value at Rs.9,87,600/- per Are for properties acquired for the same purpose pursuant to the same notification for which also the Land Acquisition Officer had awarded the same rate. The learned Senior Government Pleader does not dispute that the above rate has become final at the hands of this Court. Under the above circumstances, we are of the view that there is every justification for allowing this appeal and re-fixing the land value at the rate of L. A. A. No.19 of 2010 -3- Rs.9,87,600/- per Are. Following the decision taken in L.A.A.197/08, we allow the appeal and re-fix the land value at Rs.9,87,600/- per Are. The appeal is allowed to the above extent. 4. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under sections 23(2), 23(1A) and section 28 of the Land Acquisition Act on the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-