IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 572 of 2010(D) -------------------------- LAR.232/2007 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT/RESPONDENT: ------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT/CLAIMANT: ------------------------ ANANDA VADHYAR, S/O.NARAYANA VADHYAR VARAHA DEVAR VADAKKEMADATHIL, THUNDATHUMKADAVU MURI, VARAPPUZHA P.O. ADV. SRI.V.V.SADANANDAN (SREEMOOLANAGARAM) SRI.S.ASHOK KUMAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1906 OF 2010 IN LAA NO.572 OF 2010 DISMISSED. 16.6.2011 SD/- PIUS C.KURIAKOSE, JUDGE. SD/- N.K.BALAKRISHNAN, JUDGE. PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.572 of 2010 ---------------------------------------------------- Dated this the 16th day of June, 2011 Judgment Pius C.Kuriakose, J. Having regard to the grounds raised and the submissions addressed at the Bar by Smt.P.N.Sumangala, learned Government Pleader and the learned counsel for the claimant, we feel that this appeal should succeed to a certain extent. The property was in Varapuzha Village and the acquisition was for the construction of N.H.17 from Varapuzha to Cheriyappilly. Section 4(1) notification was published on 22.3.2005. The property was included in category III. The Land Acquisition Officer awarded land value at the rate of Rs.75,556/- per Are. The reference court on evaluating the evidence adduced by the parties refixed the land value at Rs.1,88,029/- per Are. Having taken into account the earlier judgments of this court pertaining to acquisition for the same purpose and pursuant to the same notification including the judgment in LAA No.1260 of 2010, it is clear that the enhancement presently granted is excessive. Therefore, we allow LAA 572/10 2 this appeal relying on the earlier judgments and refix the land value at Rs.1,60,178/- per Are. It is needless to mention that on this revised compensation, the claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The parties will suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 572/10 3 LAA 572/10 4