L.A.A. No.236 of 2017 1 2025:KER:24990 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 LA.APP. NO. 236 OF 2017 AGAINST THE JUDGMENT AND DECREE DATED 21.11.2016 IN LAR NO.584 OF 2015 OF PRINCIPAL SUB COURT, KOZHIKODE APPELLANT/CLAIMANT : K.D. BABU AGED 69 YEARS, S/O DAMODARAN LATE, MAYOOKHAM, SSKS ROAD, VADUTHALA P.0., KOCHI-23. BY ADVS. SRI.G.SANTHOSH KUMAR (P). SRI.V.R.SASSIDHARAN SRI.AKHIL R. MENON, RESPONDENTS/RESPONDENTS : 1 THE DISTRICT COLLECTOR KOZHIKODE 673020. 2 THE SPECIAL TAHSILDAR (LA) KCRIP, KOZHIKODE 673020. 3 THE CHIEF EXECUTIVE OFFICER KRFB, KOWDIAR, THIRUVANANTHAPURAM-695003. 4 THE CO-ORDINATOR KCRIP, CIVIL STATION, KOZHIKODE 673020. SRI.T.K.SHAJAHAN, SR.GP FOR R1 AND R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR HEARING ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. No.236 of 2017 2 2025:KER:24990 JUDGMENT Easwaran S., J. This appeal is preferred by the claimant aggrieved by the judgment and decree dated 21.11.2016 in L.A.R. No.584 of 2015 of the Principal Sub Court, Kozhikode. 2. The land acquisition in the present case relates to the widening of the Panath Thazham - CWRDM road. The extent of land acquired is 0.0065 hectares of garden land in Survey No.276/7 of Chevayur amsom desom of Kozhikode Taluk. The notification under Section 4(1) of the Land Acquisition Act was issued on 25.8.2011 and the land was taken possession on 13.9.2013. The Land Acquisition officer fixed the land value at Rs.1,99,495/-. Aggrieved by the same, the claimant sought reference under Section 18 of the Land Acquisition Act, 1894 and the reference court refixed the land value at Rs.5 lakhs per cent. 3. Heard Sri. Akhil R. Menon, the learned counsel appearing for the appellant and Sri. T.K. Shajahan, the learned Senior Government Pleader appearing on behalf of the respondents. 4. Sri. Akhil R. Menon, the learned counsel appearing for the appellant pointed out that the point raised in this appeal is covered by the judgment of the Division Bench of this Court in L.A.A. No.406 of 2017 dated 2.11.2024 wherein, considering the very same acquisition the Division Bench had refixed the land value at Rs.10 lakhs per cent. L.A.A. No.236 of 2017 3 2025:KER:24990 5. We have perused the judgment of the Division Bench and are of the view that the appellant is entitled to the very same benefit. Accordingly, the appeal is allowed. The judgment and decree of the reference court in L.A.R. No.584 of 2015 is modified and land value is refixed at Rs.10 Lakhs per cent. The appellant is also entitled to all statutory benefits, including proportionate costs in the appeal. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE NS