2025:KER:28527 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. 339 OF 2018 AGAINST THE JUDGMENT AND DECREE DATED 31.03.2015 IN LAR NO.27 OF 2013 OF SUB COURT,KOTTARAKKARA APPELLANT/CLAIMANT: NAVAS S/O BASHEER, BUNGLAMKUNNU VEEDU, THAZHAMEL CHERRY, ANCHAL. BY ADV ARUN BABU RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, KOLLAM 691001. SR GP TK SHAJAHAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.339/2018 2 2025:KER:28527 DR. A.K.JAYASANKARAN NAMBIAR & EASWARAN S., JJ. --------------------------------------------------------- LAA No.339 of 2018 ---------------------------------------------------------- Dated this the 2nd day of April, 2025 JUDGMENT Easwaran S. , J. The appeal arises out of the judgment and decree in LAR No.27/2013 on the file of the Subordinate Court, Kottarakara. The acquisition in present case is for the purpose of construction of road by pass at Anchal Town. Section 4(1) notification was issued on 14.06.2010. The Land Acquisition Officer fixed the land value at Rs.39,603/- per Are. Dissatisfied with the value fixed by the Land Acquisition Officer, the claimants sought reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court refixed the land value at Rs.2,21,782/-. Dissatisfied with the aforesaid fixation, the claimant has come up in the present appeal. 2. Heard, Sri.Arun Babu – learned counsel appearing for the appellant and Sri.T.K.Shajahan – learned Senior Government Pleader appearing for the State. 3. When the matter is taken up for consideration today, the learned Senior Government Pleader appearing on behalf of the State LAA No.339/2018 3 2025:KER:28527 placed before us the judgment of a Coordinate Bench of this Court in LAA No.75/2023 dated 13.11.2024 in respect of the very same notification, wherein the Coordinate Bench, after considering the contentions of the parties, refixed the land value at Rs.3,20,000/- per Are. 4. We have gone through the judgment of the Coordinate Bench and are of the view that the appellant is also entitled for fixing the land value at Rs.3,20,000/-. Hence the appeal is allowed and the land value is refixed at Rs.3,20,000/-. The appellant is also entitled to all statutory benefits and proportionate costs in the appeal. 5. Since the appellant has preferred the appeal as an indigent person, it is made clear that the appellant is liable to pay court fee from the compensation received. On deposit of the amount, the Reference Court shall deduct the court fee liable to be paid before releasing the amount to the claimant. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- EASWARAN S. JUDGE ACR