IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 LA.App..No. 1311 of 2008() -------------------------- LAR.9/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): PLAINTIFF ----------------------- ANITHA, D/O.PADMAKSHI AMMA, PARAMESWARA VILASOM BUNGLOW, NEERAVIL, THRIKKADAVOOR. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): DEFENDANT ------------------------ KERALA STATE REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. SR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1311 of 2008 C ``````````````````````````````````````````````````````` Dated this the 16th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. It appears to us that there is some merit in the grievance voiced by the appellant claimant. Her properties in Thrikkadavur village of Kollam district were acquired for the purpose of National Highway. The acquisition was pursuant to notification under Section 4(1), which was published on 26-02- 1996. The Land Acquisition Officer awarded land value at the rate of Rs.21,927/- per Are. The reference court, relying on Exts.A1 and A2, re-fixed the land value at Rs.30,000/- per Are. Ext.A1 property was certainly superior to the property under acquisition and the appellant cannot have any grievance in not being given the value given already in Ext.A1. But, Ext.A2 was in respect of an inferior property i.e., property for which the Land Acquisition Officer awarded Rs.19,839/-. Under Ext.A2, the reference court has re-fixed the land value at Rs.30,000/- per Are. 2. We find some merit in the submission of the learned LAA.1311/2008 : 2 : counsel for the appellant (notwithstanding the submission of Smt.Latha T.Thankappan, learned senior Government Pleader) that proportionate increase based on Ext.A2 is to be granted. Accordingly, relying on Ext.A2, we re-fix the value of the land under acquisition at Rs.33,000/- per Are. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. Parties are directed to suffer their costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks