IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 LA.App..No. 1131 of 2010() -------------------------------- LAR.64/2008 of PRL. SUB COURT,KOTTAYAM .................... APPELLANT(S): CLAIMANTS -------------------------------- 1. ANTONY,S/O.JOSEPH, KURISINKAL PARAMBIL PERUNNA (E),CHANGANACHERRY VILLAGE 2. MARIAMMA, KURISINKAL PARAMBIL PERUNNA(E),CHANGANACHERRY VILLAGE BY ADV. SRI.JAMES KURIAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR,KOTTAYAM 2. THE EXECUTIVE EINGINEER, PWD ROADS DIVISION, KOTTAYAM R1,2 BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL GOVERNMENT PLEADER SRI.M.R.SABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No. 1131 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011. JUDGMENT Pius C. Kuriakose, J, Learned counsel appearing for the appellants/claimants seeks time to show that the appellants can apply for amendment of the appeal memorandum for the purpose of enhancing the valuation at the appeal. 2. We are not inclined to grant time as we find that the issue raised in this appeal is fully covered in favour of the appellants by judgment of this court in L.A.A. Nos. 857 and 859 of 2010. 3. The property was in Changanacherry village within the area of Changanacherry Municipal town. The acquisition was pursuant to Section 4(1) notification published on 20.1.2005 and the acquisition was for the purpose of construction of Changanacherry by-pass of the M.C.Road. The Land Acquisition Officer awarded land value at the rate of Rs.23,222/- per Are. The reference court on evaluating the evidence awarded land value at Rs.37,155/- per Are. L.A.A. 1131/2010. 2 4. We notice the judgment of this court in L.A.A. Nos.857 and 859 of 2010 and find that under those judgments this court has re-fixed the value of identical lands acquired for the same purpose at the rate of Rs.1,62,696/- per Are. We find that in the present appeal, the claim is for amount lesser than that, i.e. for Rs.60,022/- per cent only. We allow this appeal in full and re-fix the value of land under acquisition at Rs.60,022/- per cent corresponding to Rs.1,48,314/- per Are. The appellants will be entitled to statutory benefits admissible under Sections 23(1-A), 23(2), and Section 28 of the Land Acquisition Act. Decree copy will be issued only after ensuring that the entire court fee has been remitted. Pius C. Kuriakose, Judge P. Bhavadasan, Judge sb.