LA.APP. NO. 297 OF 2017 1 2025:KER:25080 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. 297 OF 2017 (THE JUDGMENT AND DECREE DATED 04.06.2016 IN LAR NO.11 OF 2015 OF PRINCIPAL SUB COURT, KOTTAYAM) APPELLANTS/RESPONDENTS IN LAR: 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,KOTTAYAM. 2 THE SPECIAL TAHSILDAR (L.A) GENERAL KOTTAYAM. 3 THE ASSISTANT ENGINEER PWD ROAD DIVISION,KADUTHURUTHY. BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN RESPONDENTS/CLAIMANT AND ADDITIONAL CLAIMANTS IN LAR: 1 SMT. MARIYAMMA CHACKO W/O.LATE KURIAN CHACKO,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O., PIN-686604. 2 CYRIAC.K.C S/O LUKOSE,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O. PIN-686604. 3 ALEYAMMA LUKOSE W/O.LUKOSE,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O. PIN-686604. 4 ANCY KURIAN D/O.LUKOSE,W/O.KURIAN,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O.NOW RESIDING AT NAGAMTHALLIPARAYIL HOUSE,ERAVINALLOOR.P.O. PIN-686011. LA.APP. NO. 297 OF 2017 2 2025:KER:25080 5 DAISY LUKOSE D/O.LUKOSE,W/O.LUKOSE,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O.NOW RESIDING AT PATHIYIL HOUSE,POOOZHIKOL.P.O., PIN-686604. 6 GEORGE.K.L S/O. LUKOSE,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O., PIN-686604. 7 LUCY D/O.LATE CHACKO,W/O.JOY,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O.NOW RESIDING AT NJARAKATTIL HOUSE,KADUTHURUTHY.P.O,PIN-686604. 8 SOPHY D/O.LATE CHACKO,W/O.JAMES,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O,NOW RESIDING AT PAREPARAMBIL HOUSE,NEENDOOR.P.O., PIN-686601. 9 ANISH LUKOSE S/O.LUKOSE,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O. PIN-686604. 10 MINI D/O.LUKOSE,W/O.SIMONKUTTY,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O.NOW RESIDING AT KALLIDUKKIYIL HOUSE,KAIPUZHA.P.O., PIN-686602. 11 MARIYAMMA D/O.LATE KURIAN,W/O.JOSEPH,KOLLAPARAMBIL HOUSE,KADUTHURUTHY.P.O.NOW RESIDING AT KUPPANANICKAL HOUSE,UZHAVOOR.P.O., PIN-686633. BY ADV SRI.MATHEW JOHN FOR R2 & R11 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 297 OF 2017 3 2025:KER:25080 JUDGMENT Easwaran S. , J. The appeal is preferred by the State against the judgment and decree dated 04.06.2016 in LAR No.11 of 2015 on the files of the Sub Court, Kottayam. 2. The brief facts necessary for the disposal of the appeal are as follows: An extent of 4.38 Ares of land comprised in Block No.29 in Re.Sy. No.589/10-1 of Kaduthuruthy Village was acquired for the purpose of construction of Kaduthuruthy Bye pass. Notification under Section 4(1) of the Land Acquisition Act was issued on 02.11.2010. The Land Acquisition Officer awarded an amount of Rs.1,747/- per Are by including the land under the Category 'Nilam'. Aggrieved by the compensation awarded by the Land Acquisition Officer, the claimants are reference under Section 18 of the Land Acquisition Act. The Reference Court, after considering the evidence produced by the claimants enhanced the land value to Rs.2,02,340/- per Are. 3. Heard Sri.T.K.Shajahan, the learned Senior Government Pleader appearing for the State and Sri.Mathew John, the learned counsel appearing for the claimants. When the matter is taken up for consideration today, the learned Senior Government Pleader places before us the judgment of a Coordinate Bench of this Court in LA.App. No.521 of 2015 and connected cases, in which the Coordinate Bench had re-fixed the market value accordingly as follows: LA.APP. NO. 297 OF 2017 4 2025:KER:25080 Category Value per Are A Rs.6,59,010/- B Rs.5,99,100/- C Rs.5,39,190/- D Rs.4,49,325/- We find that in the present case, the Reference Court had fixed the land value at Rs.2,02,340/- per Are, which is much less than what has been re- fixed by this Court in LA.App.No.521 of 15 and connected cases, and therefore the State cannot be aggrieved by the land value fixed by the Reference Court, hence we find no merit in the appeal, accordingly the same is dismissed. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE mns