2025:KER:28537 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 LA.APP. NO. 599 OF 2014 AGAINST THE JUDGMENT AND DECREE DATED 09.11.2012 IN LAR NO.119 OF 2010 OF (PRINCIPAL) SUB COURT, KOZHIKODE APPELLANTS/CLAIMANTS: 1 P.M.SAHIDA (MUTHAVALLI) MOOTHAMMENTAKATH, ‘SUHARA MANZIL, P.O.PUTHIYARA, KASABA VILLAGE, KOZHIKODE TALUK, KOZHIKODE - 673 004. 2 P.M.RAMLATH MUTHAVALLI MOOTHAMMENTAKATH, ‘SUSHARA MANZIL, P.O.PUTHIYARA, KASABA VILLAGE, KOZHIKODE TALUK, KOZHIKODE - 673 004. BY ADVS. SRI.K.B.SIVARAMAKRISHNAN SRI.K.SANEESH KUMAR RESPONDENT S / RESPONDENTS : 1 THE SPECIAL TAHSILDAR (L.A) KOZHIKODE, CITY ROAD IMPROVEMENT PROJECT, KOZHIKODE-673 016. 2 THE EXECUTIVE ENGINEER ROADS DIVISION, CALICUT-673 016. SR GP - T K SHAJAHAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.599/2014 2 2025:KER:28537 DR. A.K.JAYASANKARAN NAMBIAR & EASWARAN S., JJ. --------------------------------------------------------- LAA No.599 of 2014 --------------------------------------------------------- Dated this the 2nd day of April, 2025 JUDGMENT Easwaran S. , J. The appeal is preferred by the claimant aggrieved by the judgment and decree in LAR No.119/2010 on the file of the Principal Sub Court, Kozhikode. 2. The brief facts necessary for the disposal of the appeal are as follows: An extent of 0.01728 hectares of land in T.S.No.17-14/536/2 of Kariakunnu Desom in Kasaba Village in Kozhikode Taluk was acquired for the purpose of widening of Stadium – Puthiyara Road. Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 29.03.2008 and the possession was taken on 18.08.2010. The Land Acquisition Officer passed the award on 31.07.2010, fixing the land value at Rs.11,09,721.60/- and Rs.1,17,957/- for the structure. The acquired property is a registered wakf.. Muthavallis of the wakf preferred a claim under Section 18 of the Land Acquisition Act, 1894, before the Principal Sub Court, Kozhikode. The Reference Court, on LAA No.599/2014 3 2025:KER:28537 consideration of the evidence produced before it, enhanced the land value to Rs.6,00,000/- per cent. The claimants, dissatisfied with the market value fixed by the Reference Court, has come up with the present appeal. 3. When the matter was taken up for consideration on 24.03.2025, there was no appearance on behalf of the appellants and therefore we listed the appeal today. Today also, when the matter is taken up for consideration, there is no appearance on behalf of the appellants. 4. The learned Senior Government pleader appearing on behalf of the State points out that a Coordinate Bench of this Court in LAA No.556/2013 and connected cases, had refixed the land value in respect of the very same notification at Rs.8,75,000/- per cent. We have gone through the judgment of the Coordinate Bench in LAA No.556/2013 and are of the view that the facts of the present case also are similar with that of the decision rendered by the Coordinate Bench in the above appeal. Hence, we are inclined to allow the appeal and modify the judgment and decree passed by the Sub Court, Kozhikode in LAR No.119/2010 and refix the land value at Rs.8,75,000/- per cent. The claimants/appellants are also entitled for all statutory benefits and proportionate costs following out of aforesaid fixation of the market value. The Registry is directed to LAA No.599/2014 4 2025:KER:28537 send a certified copy of the judgment to the appellant. Accordingly, we allow the appeal and refix the land value at Rs.8,75,000/- per cent. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE ACR