IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 LA.App..No. 1032 of 2010() -------------------------- LAR.172/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS IN LAR: --------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT IN LAR: ------------------------------- U.SIVAKUMARA PANICKER, KUMARAMANGALAM, ERAVIPURAM, KOLLAM, PIN-691 011. ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 1032 OF 2010 ------------------------ Dated this the 7th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the Government pertains to acquisition of land in Thirumala village for the purpose of construction of Karamana Bridge pursuant to Section 4(1) notification published on 2/9/1998. The Land Acquisition Officer awarded land value at the rate of Rs.1,56,214/- per Are. The Reference Court on the basis of the evidence that was adduced by the parties refixed the land value at Rs.6,17,284/- per Are. Our attention is drawn by the learned Government Pleader Smt.T.T.Josephina to the judgment of this court in L.A.A. No.177/2008 under which the value of identical lands acquired for the same purpose pursuant to the same notification was refixed at Rs.2,85,000/- per Are. Under the above circumstances, we follow the judgment in L.A.A. No.177/2008 and allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.2,85,000/- WPC.No.1032/2010 2 per Are. Needless to mention that the claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the refixed compensation. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk