Ramachandran Nair, J.
This appeal is filed by the claimant against the judgment and decree in L.A.R.No.589 of 2009 on the file of II Additional Sub Court, Thiruvananthapuram.
2. The land was acquired for the widening of G.G Hospital - Kumarapuram - Poonthi - Anamugham - NH Bye Pass. The Notification under Section 4(1) was published on 26.6.2006. The land value fixed by the Land Acquisition Officer is at the rate of `1,97,775/- per Are. The claimant sought enhancement by `30 lakhs per cent and the reference court has awarded compensation at the rate of `9,88,000/- per Are.
3. Before the reference court, the case was tried along with two other connected cases, namely, L.A.R.Nos.601 of 2009 and 604 of 2009. Ext.A1 is the judgment relied upon by the claimant, which is the judgment of this Court in L.A.A.No.151 of 2011.
4. The entire stretch of land for widening the road has been divided into three Reaches by the Land Acquisition Officer and the properties herein is in Reach No.III. According to the learned counsel for the appellant there is no difference as regards the importance or other features of the acquired land with that of the properties coming under Reach - I or Reach - II. It is therefore, submitted that there is no justification for reducing 50% of the land value fixed in Ext.A1 judgment.
5. We find from paragraph 12 of the judgment that after adopting the value of `12,35,000/- covered by Ext.A1 judgment what is stated is that, as the property was coming under Reach III a percentage of deduction that would be adopted. There is nothing to show that the property was not comparable or was not having similarities with that of the properties in Reach No.I. Apart from the same, in respect of properties coming under Reach I, II and IIIA, we have by a common judgment in L.A.A.No.36 of 2013 and connected cases rendered on 26.11.2014 has confirmed the land value awarded by the reference court at the rate of `12,35,000/- per Are.
In view of the above aspects, the appeal is allowed.
The claimant will be entitled for land value at the rate of `12,35,000/- per Are. The claimant will also be entitled for all other statutory benefits. No costs.
Sd/-
T. R. RAMACHANDRAN NAIR, JUDGE.
Sd/- P.V.ASHA, JUDGE.
Jvt