IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 LA.App..No. 319 of 2011(D) --------------------------------------- LAR.NO.345/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ---------------------------------------------------------------- THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.PIN-695 001 BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 IN LAR ---------------------------------------------------------------------------------------- 1. K.S.NARAYANAN, S/O.KRISHNASWAMY, T.C.26/1901, PRAG-52, GPO LANE, THIRUVANANTHAPURAM.695 001 2. K.S.SUBBU, S/O.KRISHNASWAMY, T.C.26/1901, PRAG-52, GPO LANE, THIRUVANANTHAPURAM.695 001 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.PIN-695 010 R1 & R2 BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH SRI.M.S.KALESH SRI.V.VINAY MENON R3 BY SRI.K.A.JALEEL, SC., TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- LAA No.319 of 2011 ------------------------------------------- Dated this the 22nd July, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The property was in Vanchiyoor village and the acquisition was for the widening of LMS-Attakulangara Road at the instance of TRIDA. The acquisition was pursuant to Section 4(1) notification published on 3.7.2004. The Land Acquisition Officer awarded land value at Rs.4,11,665/-. The reference court on the basis of the evidence available re-fixed the land value at Rs.24 lakhs per Are. 2. Sri.V.T.K.Mohanan drew our attention to the judgment of this Court in LAA No.462 of 2010 and submitted that for identical lands, this Court has re-fixed the land value at Rs.21 lakhs per Are. Sri.R.S.Kalkura, the learned counsel for the respondents submitted that the property under acquisition in this appeal has several advantages that it is situated just opposite to the Government Ayurveda College at one of the most important areas of Thiruvananthapuram City. The learned counsel requested that as a special case, the enhancement granted in this case by the reference court has to be sustained. Though Mr.Kalkura was very persuasive, we are unable to accede to his laa no.319 OF 2011 2 request. Admittedly, the land acquisition officer treated the property involved in this case and the property involved in LAA No.462 of 2010 to be of equal value for the purpose of passage of original award. In large scale acquisitions certain owners will gain more than what is eligible and others have to a little loss in view of the adoption of belting system. In such situation, consistency and uniformity has to be maintained. We follow the decision taken in LAA No.462 of 2010 and allow this appeal and refix the land value at the rate of Rs.21,60,000/- per Are. 3. We make it clear that the claimant/respondent will be entitled for all statutory benefits admissible under Sections 23(1) (A), 23(2) and 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs in the appeal. sd/- PIUS C.KURIAKOSE JUDGE sd/-K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE