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. 1352 of 2009(C) -------------------------------- LAR.155/2007 of SUB COURT, PALA .................... APPELLANT(S)/CLAIMANTS: ------------------------------- 1. ELSAMMA JOSEPH, W/O JOSEPH, ELIPPULICKATTU HOUSE, KEEZHAMPARA KARA, KONDOOR, BHARANANGANAM. 2. STEVE JOSEPH (MINOR D.O. B. 25-06-97) REPRESENTED BY NEXT FRIEND ELSAMMA W/O KEEZHAMPARA KARA, KONDOOR BHARANANGANAM. BY ADV. SRI.T.J.MICHAEL SRI.JOSE MATHEW (KAVALAKALAM) RESPONDENT(S)/RESPONDENT: ----------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KOTTAYAM. 2. AIVENE ANN JOSEPH, ELIPPULICKATTU HOUSE, KEEZHAMPARA KARA, KONDOOR,BHARANANGANAM. 3. NIVENE TESS JOSEPH, ELIPPULICKATTU HOUSE, KEEZHAMPARA KARA. KONDOOR, BHARANANGANAM. 4. LIVENE MARIA JOSEPH, ELIPPULICKATTU HOUSE, KEEZHAMPARA KARA, KONDOOR, BHARANANGANAM. GOVT. PLEADER SMT.T.T.JOSEPHINA 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.1352 of 2009 ------------------------------------------------ Dated this the 7th day of July, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed before us by Sri.T.J.Michael, the learned counsel for the claimants and Smt.T.T.Josephina, the learned Government Pleader, we are of the view that the issue raised in this appeal is covered in favour of the appellants by our own judgment in L.A.A.751/09. 2. The property was in Bharananganam village. The acquisition was for the upgradation of Ettumanoor - Poonjar State Highway. The relevant section 4(1) notification was published on 30/06/04. The Land Acquisition Officer awarded land value at the rate of ` 16,748/- per Are. The Reference Court re-fixed the land value at ` 45,000/- per Are. We notice our own judgment in L.A.A.751/09. Under that judgment this court has re-fixed the value of an exactly identical land L. A. A. No.1352 of 2009 -2- situated near to the present property at ` 85,000/- per Are. Following that judgment we re-fix the land value of the property under acquisition in this case at ` 85,000/- per Are. 3. The appeal is allowed as above, however without any order as to costs. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while provision is made in the decree for interest under Section 28, the Section will have due regard to the conditions imposed by this Court in its order dated 12/11/2009 in C.M. Application No.1871/09. The decree copy will be issued only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.1352 of 2009 -3-