IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 LA.App..No. 1107 of 2008() -------------------------- LAR.49/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT/1ST: ------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS/2nd RESPONDENT: ------------------------- 1. GREETA @ SUBHAGA, D/O.VARGHESE, THAIVILAKATHU VEEDU, KOCHUVELI, THIRUVANANTHAPURAM 2. THE DIRECTOR, KERALA TOURISM DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.1107 OF 2008 ------------------------ Dated this the 26th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. Smt.Hemalatha has taken notice on behalf of the respondents and we have heard Smt.Latha T.Thankappan, learned Government Pleader for the appellant and Smt.Hemalatha for the respondents. 2. This appeal pertains to acquisition of land in Kadakampally village for the purpose of construction of amusement park at Veli. Relevant Section 4 (1) notification was published on 10/7/2001. The Land Acquisition Officer awarded value at the rate of Rs.79959/- per Are after including the property in category B. The learned subordinate Judge found that the property was eligible to be included in category A itself and fixed land value at Rs.1,85,250/- after appreciating the evidence which was available on record. Our attention was drawn by the learned senior Government Pleader to the judgment of this Court in L.A.A. No.906/2008. She submitted that the above judgment should be followed and appropriate reduction be LAA.No.1107/2008 2 made. 3. Smt.Hemalatha would support the impugned judgment and submit that there is no warrant for making any reduction. We have anxiously considered the rival submissions. We have gone through the impugned judgment. We are of the view that the learned Subordinate Judge was justified in including the property under acquisition in category A. But at the same time, we do not find any reason why the respondents should be awarded a rate higher than what was awarded in L.A.A. No.906/2008. Hence allowing this appeal, we refix the market value of land under acquisition at Rs.1,75,000/- per Are. It is needless to mention that the respondent/claimant will be entitled for all statutory benefits admissible under Section 23 (2) 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk