Land acquisition appeals reaffirmed the principle of parity in land valuation based on previous rulings concerning similar property categories.

JUDGMENT

Two parcels of land of the appellant in these cases comprised in Re.Sy.No.219/39 of Thrikkadavoor Village were acquired for the purpose of construction of National Highway Bye- pass, Kollam. Notification under Section 4 (1) of the Act was published on 26.03.1996. The Land Acquisition Officer fixed the land value at Rs.24,985/- per Are. Dissatisfied with the land value fixed by the Land Acquisition Officer, reference was sought. The reference court enhanced the land value. The appellant approached this Court by filing L.A.A Nos.699 of 2012 and 700 of 2012. This Court disposed the appeals by remitting the cases for fresh disposal by the reference court. Thereafter, the reference court passed the impugned common judgment. The land value was re-fixed as Rs.49,655/- per Are in both cases. Discontented with the enhancement granted by the reference court after remand, these appeals were filed.

2. During the pendency of these appeals the reference court considered some other references remitted by this Court arising from the same acquisition. Properties involved in these cases fall within the highest category, category No.I – dry land having Panchayath road access. In L.A.R No.176 of 2000, the reference court by judgment dated 31.07.2025, re-fixed the land value as Rs.75,000/- per Are. The property involved in the said L.A.R was in an inferior category. The learned Counsel for the appellant submitted that as the reference court has re-fixed the land value for a property in an inferior category as Rs.75,000/- per Are, in any view of the matter the appellant in these cases is also entitled for enhancement of the land value. He also pointed out that the State has not challenged the judgment in L.A.R No.176 of 2000 and hence it has become final. The learned Senior Government Pleader also submitted that no appeal has been filed by the State against the judgment in L.A.R No.176 of 2000. The learned Counsel for the appellant submitted that the appellant is limiting the relief sought in this appeal for parity with the land value fixed by the reference court in L.A.R No.176 of 2000 though the properties of the appellant were included in the highest category.

3. On hearing the learned Counsel for the appellant and the learned Senior Government Pleader and on perusing the impugned judgment as well as the relevant records, I am of the view that as the reference court has re-fixed the land value of a property coming within an inferior category as at Rs.75,000/- per Are, the land value with respect to the properties involved in these appeals can also be re-fixed at Rs.75,000/- per Are as suggested by the learned Counsel for the appellant.

Accordingly, these appeals are disposed of re-fixing the land value of the properties involved at Rs.75,000/- per Are. The appellant shall be entitled for all statutory benefits. However, for the period of delay, the appellant shall not be entitled for interest.

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