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 13TH OCTOBER 2011 / 21ST ASWINA 1933 LA.App..No. 1890 of 2008(C) -------------------------- LAR.33/2006 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE SECRETARY MULLASSERY GRAMA PANCHAYAT. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENT(S): --------------- 1. SANKAR, S/O.SANKARANARAYANAN KUNNATHULLY HOUSE, THANAVEETHI MULLASSERY P.O.,THRISSUR 680 509 2. THE SPECIAL TAHSILDAR, L.A. GENERAL, THRISSUR-20 3. THE DISTRICT COLLECTOR, THRISSUR. GOVT. PLEADER SMT. ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, ALONG WITH LAA NO. 1893 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. -------------------------------------------------- L.A.A.Nos.1890 and 1893 of 2008 -------------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Requisitioning authority Mullassery Grama Panchayat is the appellant in these two appeals. According to them, the market value of the land acquired for their purposes situated in Mullassery (for the construction of Bus stand cum Shopping complex) pursuant to Section 4(1) notification published on 1.8.2011 is excessive. The Land Acquisition Officer included the properties into two categories. For those included in category-1 he awarded land value at the rate of Rs.26,370/- per Are. For those included in category-2 he awarded land value at the rate of Rs.24,300/- per Are. The reference court under the impugned judgment refixed the value of properties in category-1 at Rs.70,008/- per Are and the value of properties in category-2 at Rs.60,872/- per Are. Eventhough the claimants were served with notice through their Advocate who appeared for them in the court below they have not turned up to resist these appeals. LAA.1890 & 1893 of 2008 -2- Learned counsel for the appellant would draw our attention to the judgment in LAA.1898/2008 and connected cases. We have gone through the copy of the above judgment which is placed before us. We are of the view that the above judgment covers the issue raised in these appeals to a certain extent in favour of the appellant Panchayat. Following that judgment we allow both these appeals and refix the market value of the land included in category-1 at Rs.66,000/- per Are. Similarly we refix the market value of the land included in category-2 at Rs.58,000/- per Are. Claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the refixed compensation. Appeals are allowed to the above extent, however, without any order as to costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb