L.A.A. No. 657 of 2014 & con. cases

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** ## **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** ## **1945** **LA.APP. NO. 657 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 12.04.2013 IN LAR** **129/2011 OF PRINCIPAL SUB COURT, KOZHIKODE** ## **APPELLANT/1ST ERSPONDENT IN L.A.R.:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOYILANDY** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI** ## **RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN L.A.R.:** - **1 VELAYUDHAN** **S/O.LATE CHAYICHAN, MANNANGOTT, KURUMBANATT HOUSE, RAMANATTUKARA P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT 673 633** ## **2 RAMAKRISHNAN** **S/O.LATE CHAYICHAN, MANNANGOTT, KURUMBANATT HOUSE, RAMANATTUKARA P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT 673 633** - **3 MURALIDAS** **S/O.LATE CHAYICHAN, MANNANGOTT, KURUMBANATT HOUSE, RAMANATTUKARA P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT 673 633** 2 L.A.A. No. 657 of 2014 & con. cases ## **4 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM 695 001.** **BY ADV SRI.P.U.SHAILAJAN FOR R4** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** ## **CO NO. 18 OF 2019** **IN LA.App. 657/2014 OF HIGH COURT OF KERALA** ## **CROSS OBJECTORS/RESPONDENT NO.1 TO 3/CLAIMANTS:** - **1 VELAUDHAN (CORRECT NAME IS VELAYUDHAN), AGED 55 YEARS, S/O.(LATE) CHAYICHAN, MANNANGOTT, KURUMBANATT (HOUSE), RAMANATTUKARA (P.O.), KOZHIKODE DISTRICT PIN 673633.** - **2 RAMAKRISHNAN, AGED 53 YEARS, S/O.(LATE) CHAYICHAN, MANNANGOTT, KURUMBANATT (HOUSE), RAMANATTUKARA (P.O.), KOZHIKODE DISTRICT PIN 673633.** - **3 MURALIDAS, AGED 51 YEARS, S/O.(LATE) CHAYICHAN, MANNANGOTT, KURUMBANATT (HOUSE), RAMANATTUKARA (P.O.), KOZHIKODE DISTRICT PIN 673633.** ## **BY ADV JESWIN P.VARGHESE** ## **RESPONDENTS/APPELLANT & RESPONDENT NO.2:** - **1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA), KOYILANDY, KOZHIKODE DISTRICT. PIN 673305.** 4 L.A.A. No. 657 of 2014 & con. cases **2 THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. PIN 695001** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1 SRI.P.U.SHAILAJAN FOR R2** **THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 5 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **LA.APP. NO. 678 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 12.04.2013 IN LAR 27/2011 OF PRINCIPAL SUB COURT, KOZHIKODE** ## **APPELLANT/1ST RESPONDENT IN L.A.R.:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOYILANDY.** **BY GOVERNMENT PLEADER SMT. N.SUDHA DEVI** ## **RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R.** **1 YUNUS, S/O.KOYOTTY, KARUTHEDATH HOUSE, FEROK P.O., KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY HOLDER SHABEER ALI P.P., S/O. KUNHAMMED, PYARI MANZIL, RAMANATTUKARA P.O., KOZHIKODE - 673 633.** **2 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM -695 001.** **BY ADVS. SRI.JESWIN P.VARGHESE FOR R1 SRI.P.U.SHAILAJAN FOR R2** 6 L.A.A. No. 657 of 2014 & con. cases **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** ## **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **CO NO. 46 OF 2019** **IN LA.App. 678/2014 OF HIGH COURT OF KERALA** **CROSS OBJECTOR/RESPONDENT NO.1/CLAIMANT:** ## **YUNUS,** **S/O. KOYOTTY, KARUTHEDATH (HOUSE) FEROKE (P.O), KOZHIKODE DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER SHABEER ALI P.P, AGED 42 YEARS S/O. KUNHAMMED, PYARI MANZIL, RAMANATTUKARA (P.O), KOZHIKODE DISTRICT PIN 673 633.** **BY ADV JESWIN P.VARGHESE** ## **RESPONDENTS/APPELLANT & RESPONDENT NO.2:** - **1 STATE OF KERALA,** - **REPRESENTED BY SPECIAL TAHSILDAR (LA) KOYILANDY, KOZHIKODE DISTRICT, PIN 673 305.** - **2 THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM PIN 695 001.** **GOVERNMENT PLEADER SMT.N. SUDHA DEVI FOR R1 BY ADV P.U.SHAILAJAN FOR R2** 8 L.A.A. No. 657 of 2014 & con. cases **THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 9 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **LA.APP. NO. 685 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 12.04.2013 IN LAR 23/2011 OF PRINCIPAL SUB COURT, KOZHIKODE** ## **APPELLANT/1ST RESPONDENT IN L.A.R.:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOYILANDY.** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI** ## **RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R.:** **1 CHANDRA SEKHARAN S/O CHERIYAKKAN, AVILATHODI, THADATHIL PARAMB HOUSE, RAMANATTUKARA P.O, KOZHIKODE 673633** **2 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM 695001** **BY ADVS. SRI.JESWIN P.VARGHESE FOR R1 SRI.P.U.SHAILAJAN FOR R2** 10 L.A.A. No. 657 of 2014 & con. cases **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 11 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **CO NO. 3 OF 2016** **IN LA.App. 685/2014 OF HIGH COURT OF KERALA** **CROSS OBJECTOR/RESPONDENT NO.1/CLAIMANT:** **CHANDRASEKHARAN, AGED 54 YEARS, S/O CHERIYAKKAN, AVILATHODI, THADATHIL PARAMB HOUSE, RAMANATTUKARA P.O, KOZHIKODE 673633** **BY ADV SRI.JESWIN P.VARGHESE** ## **RESPONDENT/APPELLANT:** **1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOYILANDY, KOZHIKODE DISTRICT PIN 673305.** - **2 THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM PIN 695001** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1 SRI.P.U.SHAILAJAN FOR R2** **THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 12 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **LA.APP. NO. 690 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 12.04.2013 IN LAR** **31/2012 OF PRINCIPAL SUB COURT, KOZHIKODE** ## **APPELLANT/1ST RESPONDENT IN L.A.R.:** **STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA) KOYILANDY.** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI** ## **RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R.:** - **1 KONIYAN ABDURAHIMAN** **S/O.POCKER HAJI, KONIYAN EDAVAKA, MANATHAVADI REP. BY P.A. HOLDER C.K.MUHAMMED MUSTHAFA, S/O. MOYITTI PARAKKOT POTTA, FEROKE P.O, KOZHIKODE 673 631** - **2 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM-695 001.** **BY ADVS. SRI.P.U.SHAILAJAN FOR R2 SRI.JESWIN P.VARGHESE FOR R1** 13 L.A.A. No. 657 of 2014 & con. cases **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **CO NO. 56 OF 2023** **IN LA.App. 690/2014 OF HIGH COURT OF KERALA** **CROSS OBJECTOR/RESPONDENT NO.1/CLAIMANT:** **KONIYAN ABDURAHIMAN, AGED 46 YEARS, S/O POCKER HAJI, RESIDING AT "KONIYAN", EDAVAKA POST, MANANTHAWADY TALUK, WAYANADU DISTRICT; REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.K. MUHAMMED MUSTHAFA, AGED 50 YEARS, S/O MOYUTTY, PARAKKOTTU POTTA, RAMANATTUKARA, FEROKE POST, KOZHIKODE DISTRICT., PIN - 673301** **BY ADV JESWIN P.VARGHESE** ## **RESPONDENTS/APPELLANT & RESPONDENT NO.2:** **1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOYILANDY, KOZHIKODE DISTRICT., PIN - 673305** **2 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM, PIN – 695001** L.A.A. No. 657 of 2014 & con. cases 15 **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI FOR R1 SRI.P.U.SHAILAJAN FOR R2** **THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN** **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA,** **1945** **LA.APP. NO. 689 OF 2014** **AGAINST THE JUDGMENT AND DECREE DAETD 12.04.2013 IN L.A.R. 100/2010 OF PRINCIPAL SUB COURT, KOZHIKODE** ## **APPELLANT/1ST RESPONDENT IN L.A.R.:** **STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOYILANDY.** **BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI** ## **RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN L.A.R.** - **1 BABUJI K.P.** **S/O.VELUKUTTY, "SREERAGAM", KOKKIVALAVU, FEROKE COLLEGE P.O, KOZHIKODE 673 631** - **2 THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM-695 001.** **BY SRI.JESWIN P.VARGHESE FOR R1 SRI.P.U.SHAILAJAN FOR R2** 17 L.A.A. No. 657 of 2014 & con. cases **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH LA.App..369/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 18 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR** **&** **THE HONOURABLE MR. JUSTICE JOHNSON JOHN WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945** **LA.APP. NO. 369 OF 2014** **AGAINST THE JUDGMENT AND DECREE DATED 12.04.2013 IN LAR 100/2010 OF PRINCIPAL SUB COURT, KOZHIKODE** **APPELLANT/CLAIMANT:** **K.P.BABUJI, AGED 60 YEARS, S/O.VELUKUTTY, 'SREERAGAM', KOKKIVALAVU, FEROKE COLLEGE (P O), KOZHIKODE** **BY ADV SRI.JESWIN P.VARGHESE** ## **RESPONDENTS/RESPONDENTS:** - **1 THE SPECIAL TAHSILDAR (LAND ACQUISITION) KOYILANDY (P.O.), KOZHIKODE. PIN-673305** - **2 THE MANAGING DIRECTOR KINFRA, TRIVANDRUM. PIN-695001** **BY ADV SRI.P.U.SHAILAJAN FOR R2 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI,** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01.11.2023, ALONG WITH CO.3/2016, 657/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** L.A.A. No. 657 of 2014 & con. cases 19 ## **P.B.SURESH KUMAR & JOHNSON JOHN, JJ. -----------------------------------------------** **L.A.A. No. 657 of 2014 & Cross Objection No.18 of 2019, L.A.A. No. 678 of 2014 & Cross Objection No.46 of 2019, L.A.A. No. 685 of 2014 & Cross Objection No.3 of 2016, L.A.A. No. 690 of 2014 & Cross Objection No.56 of 2023, L.A.A.Nos.689 and 369 of 2014 ----------------------------------------------Dated this the 1[st] day of November, 2023** ## **JUDGMENT** ## **P.B.Suresh Kumar, J.** These appeals and cross objections arise from a batch of references made under Section 18 of the Land Acquisition Act, 1984 in respect of the lands acquired for KINFRA Knowledge Park, Ramanattukara pursuant to a notification issued under Section 4(1) of the said Statute on 29.02.2008. The appeals, except L.A.A.No.369 of 2014, are preferred by the State on the ground that the fixation of the land value made by the reference court is excessive. L.A.A.No.369 of 2014 and Cross Objections are preferred by the claimants on the ground that the fixation of the L.A.A. No. 657 of 2014 & con. cases 20 land value made by the reference court is unreasonably low. 2. For the purpose of acquisition, the Land Acquisition Officer classified the lands under different categories and one of the categories was wetlands abutting Panchayat roads. The lands involved in all these matters are lands brought by the Land Acquisition Officer under the said category. The land value fixed for the said lands by the Land Acquisition Officer is Rs.36,751.23/- per Are. The reference court enhanced and refixed the land value at Rs.80,000/- per cent. As noted, both the State as also the claimants are aggrieved by the fixation of land value made by the reference court. 3. Heard the learned Government Pleader, the learned counsel for the claimants as also the learned Standing Counsel for the Requisitioning Authority. 4. A perusal of the impugned judgment indicates that though several documents have been produced by the claimants in support of their claim for enhanced land value, the reference court found that the same, except one, cannot be relied L.A.A. No. 657 of 2014 & con. cases 21 on and fixed the land value based on the said document namely Ext.A1. Ext.A1 is the certified copy of the sale deed No.2920 of 1996 dated 03.08.1996 of Feroke S.R.O. in terms of which an extent of 10.5 cents of wetland situated in R.S.No.426/1A1 of Feroke Village has been sold for a total sale consideration of Rs.4,39,425/-. The centage value of the land covered by Ext.A1 would come to Rs.41,850/-. As Ext.A1 is the document executed almost 12 years prior to the date of notification, it was found that the land value for the acquired lands can be fixed based on the same at Rs.80,000/- per cent. It is this fixation that is impugned by both the State as also the claimants. 5. On a query from the court, the learned counsel for the claimants fairly conceded that Ext.A1 is the only document that could be relied on in support of their claim for enhanced land value. According to the learned counsel, inasmuch as the notification was issued almost 12 years after Ext.A1 sale deed, the reference court could have fixed the land value at Rs.1,00,000/- per cent as it is the common knowledge that there L.A.A. No. 657 of 2014 & con. cases 22 would be manyfold increase in the land value during a span of 12 years. The learned counsel also pointed out that in L.A.R.No.96 of 2010, in respect of an identical land, based on the very same document, a different reference court fixed the land value at Rs.1,00,000/- per cent and in L.A.R.No.35 of 2011 in respect of another identical land, based on the very same document, a different reference court fixed the land value at Rs.1,05,000/- per cent. It was pointed out by the learned counsel that although appeals namely, L.A.A.Nos.305 of 2014 and 689 of 2013 were preferred by the State against the judgments in the said cases, the same were referred for mediation and have been settled therein. It was pointed out that at the mediation, the appellants and the Requisitioning Authority have offered Rs.95,000/- per cent for the land involved in L.A.A.No.305 of 2014 and Rs.99,750/- per cent for the land involved in L.A.A.No.689 of 2013. According to the learned counsel, at any rate, the claimants in the cases are entitled to enhanced land value at the rates at which the State and the Requisitioning Authority settled 23 L.A.A. No. 657 of 2014 & con. cases identical matters. 6. Per contra, the learned Standing Counsel for the Requisitioning Authority submitted that the land involved in Ext.A1 sale deed is a far better land situated close to the National Highway and it is in the absence of any other materials, the reference court placed reliance on the same for fixing the land value. According to the learned Standing Counsel, the land value fixed by the reference court, in the said circumstances, is fair and reasonable and no interference is called for. The learned Standing Counsel for the Requisitioning Authority did not dispute the amounts at which the matters were settled at the mediation as pointed out by the learned counsel for the claimants. It was however pointed out that the mediation agreements did not take effect and as the matters were disposed of based on the mediation agreements, the Requisitioning Authority preferred applications before this Court to restore the appeals. It was also pointed out that when the said applications were pending, the execution petition preferred by the claimants in the said cases in L.A.A. No. 657 of 2014 & con. cases 24 the meanwhile were referred again for mediation and it is in the mediation talks that took place thereafter, the matters were settled. On a query from the court, the learned Standing Counsel for the Requisitioning Authority affirmed that even thereafter, the claimant involved in L.A.A.No.305 of 2014 was given land value at the rate of Rs.95,000/- per cent and the claimant involved in L.A.A.No.689 of 2013 was given land value at the rate of Rs.99,750/- per cent. But it was pointed out that the aforesaid land value has been fixed since the claimants waived their right to claim interest for the land value from 31.01.2020. 7. We have examined the arguments advanced by the learned counsel for the parties on either side. 8. As pointed out by the learned counsel for the claimants, it is seen that the land value for identical lands acquired for the subject purpose has been fixed differently by different courts. In the present batch, the land value is fixed at the rate of Rs.80,000/- per cent, whereas, for the land involved in L.A.A.No.305 of 2014, the land value has been fixed at L.A.A. No. 657 of 2014 & con. cases 25 Rs.1,00,000/- per cent. Similarly, for the land involved in L.A.A.No.689 of 2013, the land value has been fixed at Rs.1,05,000/- per cent. In **Rajalakshmi v. Special Tahsildar (LA) Koyilandy** , 2023 (2) KLT 810 (SC), the Apex Court has held that the negotiated price for which the land owners sold their lands for the very same project can be said to be a relevant consideration for determining the compensation even though the land owners involved in the case are not bound by the settlement. In other words, there is no impediment in law in taking into account the price offered by the Requisitioning Authority in the State for identical lands acquired for the same purpose. As noted, in the case on hand, identical lands acquired for the same purpose were offered land value at the rate of Rs.95,000/- per cent in one case and Rs.99,750/- per cent in another case. Of course, the claimants in that cases have waived the interest on land value for the period from 31.01.2020. In the above circumstances, inasmuch as the claimants involved in the cases cannot be deprived of the statutory interest payable to L.A.A. No. 657 of 2014 & con. cases 26 them while deciding the matters on merits, taking a balanced view, according to us, the land value in the instant cases can be fixed at Rs.90,000/- per cent, which would work out to be Rs.2,22,300/- per Are. In the result, all appeals except L.A.A.No.369 of 2014 are dismissed. Cross Objections in L.A.A.Nos. 657, 678, 685 and 690 of 2014 and L.A.A.No.369 of 2014 are allowed, re-fixing the land value for the lands involved in the cases at Rs.2,22,300/- per Are. The appellants would be entitled to statutory benefits on that basis. All other directions in the impugned judgment will stand. Interlocutory applications, if any pending in the appeals are closed. Sd/- **P.B.SURESH KUMAR, JUDGE.** Sd/- **JOHNSON JOHN, JUDGE.** ds