IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 LA.App..No. 496 of 2011(D) ------------------------------ LAR.131/2008 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT(S): 2ND CLAIMANT ---------------------------------- D.CHANDRIKA DEVI, D/O.DEVAKI AMMA, TC 31/1559, `CHAKKAYIL VEEDU', CHACKAI, THIRUVANANTHAPURAM, REP. BY THE POWER OF ATTORNEY HOLDER, K.RAJENDRAN NAIR, AGED 58 YEARS, S/O.KUNJUKRISHNA PILLAI, R/AT MADATHUVILAKATHU VEEDU,DEVI NAGAR, VALLAKADAVU PO, TRIVANDRUM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM-695 001. GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.496 of 2011 ------------------------------------------------ Dated this the 26th day of August, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the claimant pertains to acquisition of land in Pettah village pursuant to Section 4(1) notification published on 10/08/04. The land was included by the Land Acquisition Officer in category-4 and he awarded value at the rate of ` 97,206/- per Are. The Reference Court on the basis of evidence adduced would re-fix the land value at ` 1,31,228/- per Are. 2. In this appeal various grounds are raised challenging what is described as the inadequacy of the compensation re- determined by the Reference Court. Our attention was drawn by Sri.Rajesh P. Nair to the judgment of this Court in L.A.A.717/09 series and Cross Objection No.90/09. Learned L. A. A. No.496 of 2011 -2- counsel submitted that under that common judgment this Court has re-fixed value of identical lands at ` 9 lakhs per Are. Hence, it was requested that the appeal be allowed and the value be re-fixed at ` 9 lakhs per Are. 3. Smt.T.T.Josephina, the learned Government Pleader who takes notice on behalf of the Government as directed by us submitted that the common judgment in L.A.A.717/09 series and Cross Objection No.90/09 covers the issue in favour of the appellant. 4. Having gone through the above common judgment, we do not find any reason not to follow the same. Hence, following that judgment, we allow this appeal and re-fix the market value of the land under acquisition at ` 9 lakhs per Are. The appellant will be entitled for all statutory benefits. However, while decree is drafted and interest is provided under Section 28 of the Land Acquisition Act, the section will have due regard to the conditions imposed by us while L. A. A. No.496 of 2011 -3- condoning the delay as per order in C.M. Application No.1127/11. Decree copy will be issued to the appellant only after ensuring that the conditions regarding the payment of cost imposed under the order in C.M. Application No.1127/11 have been complied with and that the total court fee of ` 76,046/- payable on the appeal memo is remitted. Parties are directed to suffer their respective costs in this appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-