A.K. SOUMINI (DIED), Vs. THE STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR AND THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR

JUDGEMENT

(1.) THE claimants are the appellants. Their land in Pallikunnu village was acquired for the purpose of doubling of Railway track. The Land Acquisition Officer awarded land value at the rate of Rs. 4627/ - per cent. The Reference Court under the impugned award did not grant any enhancement and confirmed the award passed by the Land Acquisition Officer. This was done on the reason that no evidence was adduced by the claimants.

(2.) IN this appeal the appellants have produced copies of several awards passed by the Reference Court in respect of identical land acquired for the same purpose pursuant to the same notification. It is seen that under those awards, the Reference Court re -fixed the land value at Rs. 28,000/ - per cent. It was submitted by Sri. Anil George, the learned counsel for the appellants that this Court by judgment in L.A.A.1468/09 has approved such re -fixation. Counsel requested that the appellants be awarded land value at the rate of Rs. 28,000/ - per cent.

(3.) HAVING considered the rival submissions addressed at the Bar, we are of the view that the request of the appellants can be granted relying on the judgment in L.A.A.1468/09. We allow this appeal and re -fix the market value of the land under acquisition at Rs. 28,000/ - per cent. The appellant will be entitled for all statutory benefits subject to the conditions stipulated by this Court in its order on 02/08/10 on the delay petition. Parties will suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. The appeal is allowed as above.