IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 LA.App..No. 716 of 2011(D) -------------------------- LAR.210/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/CLAIMANT: -------------- SARASWATHY, MANKALA VADAKKATHIL PONAKAM, THEKKEKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE SRI.MANU SEBASTIAN RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR LA, RAILWAYS KAYAMKULAM 690 502. 2. SOUTHERN RAILWAY REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, THIRUVANANTHAPURAM PIN 695 001. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 BY GOVT.PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A. NO. 716 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal is preferred by the claimant. The property was in Thekkekkara village and was within the limits of Mavelikara Municipality, obviously situated within the distance of 600 meters from the campus of Additional District and Session Court of Mavelikara. The acquisition was for the purpose of Railways pursuant to Section 4 (1) notification published on 6/10/2004. The LAO awarded land value at the rate of Rs.31,037/- per Are. Under the impugned judgment the Reference Court refixed the same at Rs.50,000/- per Are. In this appeal, it is urged that the rate fixed by the Reference Court is inadequate. 2. Having considered the submissions addressed at the Bar by Sri. George Varghese Perumpallikuttiyil learned counsel for the appellant and Sri.M.C.Cherian learned standing counsel for the Railways, who was supported in his submissions by L.A.A.No. 716/2011 2 Sri.C.R.Shyamkumar learned senior Government Pleader, we are of the view that the issue raised by the claimant in this case is covered in her favour by a judgment of this court in L.A.A. No.185/2011 series. 3. Having regard to the above judgment and following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.90,500/- per Are. The appellant will be entitled for statutory benefits. However, this will be subject to the conditions imposed by this court in its order in C.M.Appln. No.1644/2011. The parties will suffer their respective costs in this appeal. Decree copy will be issued to the appellant only after it is ensured that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A.No. 716/2011 3