IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 923 of 2009() ------------------------- LAR.160/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT NO.1: ------------------------------ STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT. LATHA T THANKAPPAN ADDL.ADVOCATE GENERAL RESPONDENTS: CLAIMANTS & RESPONDENT NO.2: ------------------------------------------- 1. L.JOSEPH, T.C.25/953, VISAKH, ARISTO JUNCTION, THIRUVANANTHAPURAM. 2. L.CHRISTY, T.C.25/953, VISAKH, ARISTO JUNCTION, THIRUVANANTHAPURAM. 3. L.GEORGE, T.C.25/953, VISAKH, ARISTO JUNCTION, THIRUVANANTHAPURAM. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R4 SRI.RAM MOHAN.G.SHINOD FOR R1 TO 3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30.7.2010, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No. 923 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30 th day of July, 2010. JUDGMENT Pius C. Kuriakose J., The Government is in appeal. The property under acquisition was in Vanchiyoor Village at Thiruvananthapuram. The relevant section 4(1) notification was published on 18.11.2003. The Land Acquisition Officer awarded value of Rs.2,71,107/- per Are. The Reference Court considered the evidence and revised the land value at Rs.25,00,000/- per Are. 2. Smt. Latha Thankappan, Senior Government Pleader draws our attention to the judgment by this court in L.A.A. No. 467 of 2008. It is seen from that the judgment that identical property in same village was acquired pursuant to subsequent notification. This court finally revised the value at Rs.16,60,000/- per Are. Even though Smt. Latha requested for a proportionate reduction from the L.A.A. No. 923 of 2009 2 amount, we are not inclined to do so. We are inclined to award land value at the same rate which was awarded to the claimant in L.A.A. No. 467 of 2008 to the claimant in this case. Hence allowing the appeal, we revise the market value of the land at Rs.16,60,000/- per Are. The claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(IA) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective cost. PIUS C. KURIAKOSE, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/