IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 755 of 2010()
1. UNNIKRISHNAN NAIR, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ASST.EXECUTIVE ENGINEER,
For Petitioner :SRI.K.K.CHANDRAN PILLAI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :03/08/2010
O R D E R
HARUN-UL-RASHID, J.
------------------------
L.A.A.Nos.755 & 858 Of 2010
----------------------
Dated this the 3rd day of August, 2010.
J U D G M E N T
The appeals are directed against the judgment and decree
in L.A.R.Nos.73/2005 & 72/2005 on the file of the Sub Court,
Thodupuzha, respectively. The reference court allowed
L.A.R.Nos.73/2005 & 72/2005 by re-fixing land value at the rate
of Rs.34,400/- & Rs.38,221/- per cent respectively. These two
reference cases along with four other cases were disposed of by a
common judgment. The claimants in the above said four
reference cases preferred appeals as L.A.A.No.470, 465, 674 and
748 of 2009. This Court by judgment dated 17.6.2010 allowed
the appeals and enhanced the land value and re-fixed at the rate
of Rs.86,450/- per Are. The said four appeals and these two
appeals are connected appeals. The property under acquisition in
all the cases are of the same value. By the very same judgment
the reference court re-fixed the land value at the rate of
Rs.34,400/- in L.A.R.Nos.69/2005 & 74/2005, Rs.38,221/- in
L.A.R.Nos.70/2005 & 71/2005. All the four cases were
L.A.A.Nos. 755 & 858 Of 2010
::2::
considered together and this Court by the judgment above
referred re-fixed the value at the rate of Rs.86,450/- per Are.
Based on the judgment passed by the Division Bench of this
Court, the appellants/claimants are also entitled to the same land
value as fixed in the connected cases. Hence this Court re-fix the
land value in L.A.R.Nos.72/2005 & 73/2005 at the rate of
Rs.86,450/- per Are.
In the result, the appeals are allowed. The claimants in
both cases are entitled to the land value at the rate of
Rs.86,450/- per Are. Appellants in both appeals are also entitled
to all eligible statutory benefits under the Land Acquisition Act.
No order as to costs.
HARUN-UL-RASHID,
Judge.
bkn/-