The appellants are entitled to land value enhancement based on fixed prevailing rates from similar cases due to lack of challenges from the respondents.

JUDGMENT

Properties of the appellants were acquired pursuant to a notification issued under Section 4 (1) of the Land Acquisition Act published on 26.03.1996, for formation of Kollam Bye-pass. Aggrieved by the inadequate compensation granted by the Land Acquisition Officer references were sought. The reference court by a common judgment disposed the references. Dissatisfied with the enhancement granted by the reference court the appellants approached this Court in L.A.A Nos.722, 495 ad 597 of 2012. The appeals were disposed by a common judgment dated 06.06.2019, by a learned Single Judge. The learned Single Judge set aside the impugned judgments and decrees and remitted the matters for fresh consideration. Thereafter, the reference court passed the judgments impugned in these appeals. The reference court found the issues in favour of the appellants and held that they are entitled to proportionate enhancement of land value on the basis of land value fixed in L.A.R No.325 of 2000 together with all statutory benefits. However, the land value was not fixed by the reference court. Therefore, the appellants against approached this Court in these appeals.

2. When the appeals were taken up for hearing the learned Counsel for the appellants submitted that for properties falling within the same category the reference court recently re- fixed the land value at Rs.75,000/- per Are. He pointed out that the respondents have not challenged the said judgment so far and therefore the value fixed by reference court in L.A.R No.176 of 2000 and identical cases has become final. He therefore prayed that the same value may be granted in these appeals also. 3. The learned Senior Government Pleader submitted that the properties involved in these appeals and L.A.R No.176 of 2000 on the file of the Principal Sub Court, Kollam are identical. She also submitted that the State has not filed any appeal against the judgment in L.A.R No.176 of 2000 .

4. As the State has not challenged the land value fixed by the reference court in L.A.R No.176 of 2000 and the properties involved in these appeals and that was involved in L.A.R No.176 of 2000 fall within the same category, I am of the view that these appeals can be disposed of by fixing the land value at Rs.75,000/- per Are.

Hence the appeals are disposed of, fixing the land value of the properties involved at Rs.75,000/- per Are. The appellants shall be entitled for all statutory benefits. In view of the orders passed in the applications for condonation of delay in these appeals, the appellants shall not be entitled for interest for the period of delay.

Sd/-