IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 LA.App..No. 243 of 2011() ------------------------- LAR.2/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- PRABHAVATHY,CHITTADI KIZHAKKETHIL, KAREEPUZHACHERY,THRIKKADAVUR, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR, KOLLAM. SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 243 OF 2011 ------------------------ Dated this the 12th day of April, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Her property in Thrikkadavur village was acquired pursuant to Section 4(1) notification published on 20/12/1995 for the purpose of Kollam Bye pass. The Land Acquisition Officer awarded land value at the rate of Rs.10,893/- per Are. Even though Ext.A1 judgment awarding Rs.37,000/- per Are was relied on by the claimant, the court below did not rely on the same. The court below did guess work and refixed the land value at Rs.16359/- per Are. 2. Our attention was drawn by Sri.C.A.Rajeev learned counsel for the appellant to the judgment of this court in L.A.A. No.56/2011. We find that the above judgment pertains to acquisition of land falling two different categories for the same purpose pursuant to the same notification. 3. Smt.Latha T.Thankappan, learned senior Government Pleader would submit that L.A.A. No. 56/2011 has attained L.A.A.No.243/2011 2 finality. According to us, based on the judgment in L.A.A. No.56/2011 and taking into account the claim of the appellant in this appeal, which is limited to Rs.24,359/- per Are ,the appeal can be allowed. 4. Allowing the appeal, we refix the market value of the land under acquisition at Rs.24,359/- per Are. The appellant will be entitled for statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the L.A Act. However, while the decree is drafted and the provision is made for interest under Section 28, the Registry will have due regard to the conditions imposed by us in our orders in C.M.Appln. Nos. 476/2011 and 542/2011. The Registry will issue decree copy only after ensuring that the conditions imposed in that orders have been complied with and the full court fee payable on the appeal memorandum has been remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk