JUDGMENT
Pius C. Kuriakose, J.
The claimants are the appellants. Their property in Pettah village was acquired, pursuant to Section 4(1) Notification published on 23/11/2003, for the purpose of widening Bakery-Palayam-Airport Road. The Land Acquisition Officer awarded land value at the rate of Rs. 1,46,819/- per Are. The Reference Court in the first instance, on evaluating the evidence adduced by the parties, re-fixed the land value at Rs. 3 lakhs per Are. The claimants alone preferred appeal against the above award as L.A.A No. 1885/2008. This Court allowed the above L.A.A by passing an order of remand, giving opportunity to both sides to adduce further evidence. The impugned award has been passed pursuant to the above remand order. Under the impugned award, the Reference Court has re-fixed the market value at Rs. 2,27,272.5 per Are.
2. Adv. Mr. Lal George, learned counsel for the appellants, drew our attention to similar judgments of this Court in L.A.A Nos. 1973/2008, 867/2008, 501/2009 and a few other cases dealing with re-fixation of market value in the same village acquired for the same purpose. Mr. Lal George submitted that under those judgments, the value of land has been re-fixed by this Court at Rs. 14 lakhs per Are. Mr. Lal George requested that the impugned award be set aside after giving opportunity to the appellants to enhance their claim before the Reference Court. He also submitted that by mistake the claimants had claimed only Rs. 2 lakhs per cent before the Land Acquisition Officer as well as before the Reference Court.
3. The above request is very stiffly opposed by Mr. Jamal, learned Senior Government Pleader. According to him, if opportunity is given to the appellants to enhance their claim, the same may cause serious prejudice to the Government. The appellants will not be awarded more than what they had claimed before the Land Acquisition Officer and the Reference Court.
4. Having considered the rival submissions addressed at the Bar, we are in agreement with the learned Senior Government Pleader that permitting the appellants to enhance their claim before the Land Acquisition Officer and the Reference Court at this distance of time (particularly after this case is being considered by this Court for the second time) will cause serious prejudice to the Government.
5. We keep in mind the rates re-fixed by this Court in similar judgments relied on by Mr. Lal George in respect of the lands at various villages for widening Bakery-Palayam-Airport road. We are of the view that the appellants can be awarded the amount claimed by them before the Land Acquisition Officer and the Reference Court,
6. We allow this appeal and re-fix the market value of the land under acquisition at Rs. 4,94,200/-, which we round off to Rs. 4,95,000/- per Are. The appellants are entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. Parties will suffer their respective costs. Decree copies will be issued to the appellants only after ensuring that the full court fee on the appellant memorandum has been remitted by them.