IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 LA.App..No. 2 of 2011() ----------------------- (L.A.R. NO.54/2006 ON THE FILE OF THE SUB COURT, ATTINGAL) APPELLANT(S): CLAIMANT ---------------------- VIJAYAKUMAR, S/O. KRISHNAN CHETTIAR, KUZHUVILA VEEDU, PATHALA, KILIMANOOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THE EXECUTIVE ENGINEER, KSTP/PULAMON, KOTTARAKKARA-691 506. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.2 OF 2011 ------------------------ Dated this the 28th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Having considered the submissions addressed by the learned counsel for the appellant and also by Smt.Latha T.Thankappan, learned senior Government Pleader and having taken into account the decision taken by this court in connected matters including L.A.A. No.917/2010, we are of the view that there is warrant for interference with the impugned judgment. Accordingly, following the decision taken in L.A.A. No.917/2010, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.76,500/- per cent. The appeal will stand allowed to the above extent. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A.Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. However, while drafting the LAA.No.2/2011 2 decree, the Registry will have due regard to the conditions imposed by this court in its order in C.M.Appln.2/2011 dated 11/1/2011. The Registry will issue decree copy only after ensuring that the entire court fee is paid on the appeal memorandum. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk