IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1045 of 2008()
1. STATE OF KERALA,
... Petitioner
2. THE EXECUTIVE ENGINEER, NH DIVISION,
Vs
1. K.BALAKRISHNAN,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :29/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No. 1045 OF 2008
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Dated this the 29th day of January, 2010
JUDGMENT
Pius C.Kuriakose, J.
The Government is in appeal. The case pertains to
acquisition of land in Nellikode village in Kozhikode Taluk for
the purpose of construction of Calicut Bye pass. The relevant
Section 4(1) notification was published in the year 1998. The
Land Acquisition Officer fixed the land value for garden lands at
Rs.14,634/- per cent and for wet lands at Rs.8213/- per cent.
The Reference Court on the basis of the evidence which came on
record, would refix the value of garden lands at Rs.60,000/- and
that of wet lands at Rs.55,000/- per cent.
2. Our attention is drawn by the learned senior counsel
Smt.Latha T.Thankappan to the judgment of this court in L.A.A.
Nbo.381/2007. The above L.A.A. was in respect of acquisition of
identical lands in the same village. We find that under the
judgment in that L.A.A., we interfered with the enhancement
granted by the Reference Court and refixed the market value by
awarding 276/- per cent enhancement in respect of garden lands
LAA.No.1045/2008 2
and 128/- per cent in respect of wet lands. Even though the
learned counsel for the respondents argued that Ext.A2 and A3
produced by them before the Reference Court were very relevant
documents pertaining to acquisition of land in the same village,
Smt.Latha T.Thankappan would draw our attention to L.A.A.
No.774/2006 and R.P. No.1208/2007 pending therein and
submit that the property in that case was actually in Chevayur
village. She also points out that relevant notification in that
case was entirely different.
3. We are of the view that having regard to the finality
attained by the judgment in L.AA. No.381/2007, we have to
follow the decision taken in that judgment for the purpose of
refixing the market value of lands under acquisition in this case.
2. Accordingly, we allow the appeal and refix the market
value of the garden land under acquisition at Rs.55,100/- per
cent. Similarly, we refix the market value of the wet lands under
acquisition at Rs.20,000/- per cent. Thus granting about more
than 276/- per cent enhancement for garden lands and 150/-
per cent enhancement for the wet lands.
The appeal stands allowed to the above extent. But, it is
LAA.No.1045/2008 3
needless to mention that the claimant will be entitled for all the
statutory benefits on the total enhanced compensation by virtue
of this judgment.
The parties are directed to suffer their costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
dpk
