IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 LA.App..No.737 of 2008(D) ---------------------------------- LAR.76/2005 of SUB COURT, PALA .................... APPELLANT(S)/CLAIMANT: ------------------------------- JOSEPH,S/O.CHACKO,NJARALAMKULATHU FROM KANATU,KURAVILANGADU. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S)/RESPONDENT: ------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,KOTTAYAM. GOVERNMENT PLEADER SNT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.737 of 2008 ------------------------------------------------ Dated this the 10th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the claimant. The appellant has produced Annexure-A copy of judgment in L.A.R.76/05. We are convinced on a reading of Annexure-A that the acquisition in this case as well as the acquisition covered by Annexure-A was for the same purpose pursuant to the same notification of identical property in the same village. Under Annexure-A judgment, the Reference Court refixed the land value at Rs.25,000/- per Are. The Registry reports to us that Annexure-A has become final in the sense that no appeal was preferred against Annexure- A. In view of Annexure-A, this appeal has to be L. A. A. No.737 of 2008 -2- allowed re-fixing the market value of the land at Rs.25,000/- per Are. The judgment and decree of the Reference Court is accordingly modified and the market value of the land under acquisition is re-fixed at Rs.25,000/- per Are. Appeal stands allowed as above. 2. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of the re-fixation of land value done under this judgment. Parties to suffer their costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-