Ramachandran Nair, J.
All these appeals are from the judgments and decrees of the reference court in LAR Nos.55/1998, 65/1998, 62/1998 and 66/1998.
2. The properties were acquired for the purpose of development of Industrial Park for the requisitioning authority viz. the second respondent herein. A large extent of more than 52 hectares have been acquired for the said purpose. The notification under Section 4(1) was published on 31.01.1995.
3. In respect of L.A.A.Nos.967/2002, 968/2002 and 1101/2002 the properties are included in category No.9 viz. high lying wet land and the Land Acquisition Officer awarded land value at the rate of Rs.3,830/- per are. As far as L.A.A.1102/2002 is concerned, there are two items of properties. 3.60 ares of property was included in category L.A.A.Nos.967, 968, 1101 & 1102 of 2002 -2- No.III and the land value awarded by the Land Acquisition Officer is at the rate of Rs.13,100/- and the remaining extent of 9.60 ares is included in category No.IX and it was awarded land value at the rate of Rs.3,830/- like the other cases.
4. Heard the learned counsel for the appellants, learned Senior Government Pleader appearing for the State and the learned Standing Counsel for KINFRA.
5. The claimants are seeking enhancement of land value on various grounds. It is submitted that the property is only 1= k.ms. away from civil station and so many industrial establishments, commercial establishments and Government Offices are in the vicinity. The reference court even though considered various judgments did not grant any enhancement. The claimants have relied upon the judgment of the reference court in LAR 47/1997 series. Before us, learned counsel for the appellants submitted that this Court in the judgment in LAA 198/2006 and connected appeals has already confirmed the land value awarded by L.A.A.Nos.967, 968, 1101 & 1102 of 2002 -3- the reference court in respect of similar items of properties included in category No.IX at the rate of Rs.13,600/- per are and as far as category No.III items of properties are concerned the judgment of this Court in LAA 699/2002 will be relevant wherein from the amount awarded by the Land Acquisition Officer at the rate of Rs.13,100/- this Court enhanced the amount to Rs.21,000/- per are.
6. Therefore, we are of the view that those judgments could be relied upon in these cases also since the properties are acquired for the same purpose and are situated in the same locality and near to those items.
7. Accordingly, the land value is re-fixed in respect of LAA Nos. 967/2002, 968/2002 and 1101/2002 at the rate of Rs.13,600/- per are for the respective acquired properties. As far as LAA 1102/2002 is concerned, we fix the land value at the rate of Rs.21,000/- per are for 3.60 ares and Rs.13,600/- per are for 9.60 ares.
8. We hold that the appellants will be entitled for all the statutory benefits under Section 23 and 23 (IA) and 28 L.A.A.Nos.967, 968, 1101 & 1102 of 2002 -4- of the Act. As far as benefit under Section 23(IA) is concerned, the same is granted by reckoning the date of notification under Section 4(1) as 31.01.1995.
The appeals are accordingly allowed. There will be no order as to costs in the appeal.
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T.R. RAMACHANDRAN NAIR JUDGE Sd/-
K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/