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Judgment
Pius C. Kuriakose, J
On this appeal coming up for admission, Sri.C.R.Syamkumar, the learned Senior Government Pleader takes notice on behalf of the Government. Heard both sides.
The appeal pertains to acquisition of land in Petta village pursuant to Section 4(1) notification published on 02/07/04. The property was included by the Land Acquisition Officer in category-4 and was awarded land value at Rs. 97,206/- per Are. The Reference Court on evaluating the evidence adduced by the appellants/claimants re-fixed the land value at Rs. 4,35,000/- per Are.
The one ground which is seriously raised in this memorandum of appeal is that in Annexure-1 judgment this Court has re-fixed the value of identical land at Rs. 9 lakhs per Are in other cases.
Sri.C.R. Syamkumar, the learned Senior Government Pleader submitted that the learned Subordinate Judge cannot be blamed for having awarded only Rs. 4,35,000/- per Are. The above award was passed on the basis of only item of evidence adduced by the claimants. He requested that the matter be remanded.
The submission of Sri.Syamkumar notwithstanding, we feel that it is in the interest of the State itself that the issue is decided finally by us. It is not disputed that Annexure-1 judgment has attained finality. Necessarily, the same has to be followed. Relying on Annexure-1, we allow the appeal and re-fix the market value of the land under acquisition at Rs. 9 lakhs per Are. The appellants will be entitled for all statutory benefits also. While interest u/s 28 is provided in the decree, Section will have due regard to the conditions imposed by this Court while condoning the delay caused in the matter of filing the appeal.
The appeal is allowed. No costs. Decree copy will be issued to the appellants only after ensuring that the full court fee of Rs. 1,54,180/- payable on the appeal memorandum is remitted.