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 28TH JULY 2010 / 6TH SRAVANA 1932 LA.App..No. 750 of 2010() ------------------------- LAR.72/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS /LEGAL HEIRS OF 1ST CLAIMANT ----------------------- 1. KUTTICHI VISWAN (DIED ON 31.3.2007) KATTIL PARAMBATH, MODIYERI, MOOZHIKKARA, P.O.MOOZHIKKARA. 2. P.SANTHA, W/O.LATE KUTTICHI VISWAN, AGED 49, RESIDING AT KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK. 3. K.P.VISANTH, S/O.LATE KUTTICHI VISWAN, AGED 30, RESIDING AT KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK. 4. K.P.VIJESH, S/O.LATE KUTTICHI VISWAN, AGED 29, RESIDING AT KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK. 5. K.P.BYJESH, S/O.LATE KUTTICHI VISWAN, AGED 25, RESIDING AT KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK. 6. K.P.SHYJESH, S/O.LATE KUTTICHI VISWAN, AGED 30, RESIDING AT KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK. 7. KUTTICHI GOURI, D/O.GOVINDAN, AGED 58 YEARS, RESIDING AT 'KELOTH', PATHAYAKUNNU, THALASSERY TALUK. BY ADV. SRI.ANIL GEORGE SRI.K.S.SUMEESH RESPONDENT(S): RESPONDENT ------------------------- THE SPECIAL TAHSILDAR FOR LAND AQUISITION, THALASSERY, KANNUR. BY GOVT.PLEAER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 750 OF 2010 ------------------------ Dated this the 28th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. They are aggrieved by the refixation of compensation by the Reference Court in this case which pertains to acquisition of land in Kodiyeri village for the purpose of Malabar Cancer Centre. The Land Acquisition Officer awarded land value at the rate of Rs.3770/- per cent. The Reference Court refixed the same at Rs.5655/- per cent. 2. Having considered the rival submissions addressed before us by Sri. Anil George, learned counsel for the appellants and those of Smt.R.Bindu, learned Government Pleader, we are of the view that the issue raised by the claimants in this appeal is covered in their favour by Annexure I Judgment of this Court. Relying on Annexure I Judgment, we allow this appeal and refix the market value of land under acquisition at Rs.10,000/- per cent. The appeal will stand allowed. The appellants/claimants will be entitled for all statutory benefits admissible under Section L.A.A.No.750/2010 2 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. However, while drafting the decree, the Section will have due regard to the conditions imposed by us in our order dated 12/7/2010. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk