IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 LA.App..No. 341 of 2009() ------------------------- LAR.30/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/CLAIMANT: ---------------------------------- SUBRAMANIAN ASARI,T.C21/2058, OTTATHERUVU,THALIYAL,KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S)/RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, NH DIVISION,THIRUVANANTHAPURAM. GOVT. PLEADER SRI. A.C. VINCENT THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- LAA. No. 341 of 2009 ----------------------------------------------- Dated this the 1st day of December, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimant is the appellant. His property in Vengannoor Village was acquired pursuant to Section 4(1) notification published on 25-3-2002 for the purpose of construction of road from Kovalam to Mukkola Reach - II. The L.A. Officer awarded land value at the rate of Rs.49,339/- per Are. The reference court under the impugned judgment has re-fixed the same at Rs.80,000/- per Are. This was done by the reference court after discarding Ext.A1 sale document relied on by the claimants reflecting a value of Rs.75,000/- per cent. 2. In this appeal various grounds are raised assailing what is described as the inadequacy in the land value determined by the reference court. We have heard the submissions of Sri. Thaliyal R.Gopakumar, learned counsel LAA. No.341/09 -2- for the appellant and those Sri.A.C.Vincent, learned Government Pleader. Even though Mr. Gopakumar argued that A1 should have been relied on we are not inclined to accept the above argument. At the same time, Mr. Gopakumar's submission that as the judgment in LAA. No. 1151 of 2009 passed by this Court pertains to acquisition of land in the same village for the purpose of widening of the road from Kovalam to Mukkola Reach-I pursuant to a subsequent notification has attained finality reliance should be placed on that judgment and enhancement granted on that basis, has some appeal. We take into account the judgment of this court in LAA. No. 1151 of 2009 and allow this appeal to the extent of re-fixing land value at Rs.1,20,000/- per Are. The claimant will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. The section will LAA. No.341/09 -3- issue decree copy only after ensuring that the full court fee is paid on the appeal memorandum. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-