IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 LA.App..No. 335 of 2010(C) ------------------------------- LAR.3/1991 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: ----------------------------- MOHAMMD HANEEFA ABDUL KALAM, PARAMUTTATHU ROADRIKATHU VEEDU,ARASUPARAMBU MURI, NEDUMANGAD,THIRUVANANTHAPURAM(DIST). BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS: ------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.335 of 2010 ------------------------------------------------ Dated this the 23rd day of June, 2010 JUDGMENT Pius C. Kuriakose, J When this appeal came up for admission, as directed by us Smt.Latha T. Thankappan has taken notice on behalf of the Government and we have heard submissions of Smt.Hemalatha, the learned counsel for the appellant and Smt.Latha T. Thankappan, the learned Senior Government Pleader. 2. This appeal pertains to Acquisition of dry land in Nedumangad village for the purpose of construction of VIP Office Complex and staff quarters at Nedumangad. The acquisition was L. A. A. No.335 of 2010 -2- pursuant to Section 4(1) notification published on 18/11/86. The Land Acquisition Officer awarded land value at the rate of Rs.5937/- per Are. The court on evaluating the evidence re-fixed the land value at Rs.15,000/- per Are. Smt.Hemalatha drew our attention to the judgment of this Court in LAA.641/01 and submits that under that judgment which was in respect of the same acquisition and the property was identical, this Court re-fixed land value at Rs.16,000/- per Are. The above submission is not seriously opposed by the learned Government Pleader. We accept the above submission of the learned counsel for the appellant and allow this appeal to the extent of re- fixing the market value of the land under acquisition at Rs.16,000/- per Are. We also clarify L. A. A. No.335 of 2010 -3- that the appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while drafting the decree, the section will have due regard to clause No.iii at page No.3 of our order in C.M.Application No.601/10. It is clarified that during 5554 days condoned by that order, the appellant will not be entitled for statutory benefits admissible under Section 28 of the Land Acquisition Act. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-