IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 LA.App..No. 1289 of 2009() -------------------------- LAR.21/2005 of SUB COURT, PATHANAMTHITTA .................... APPELLANT(S): CLAIMANTS 1 & 2 ----------------------------- 1. ABRAHAM MATHEW,S/O.MATHAI, ALLUNIKKUNATHIL,PUTHENPEEDIKA MURI, OMALLOOR VILLAGE. 2. LEELAMMA,W/O.ABRAHAM MATHEW, ALLUNIKKUNATHIL,PPUTHENPEEDIKA MURI, OMALLOOR VILLAGE. BY ADV. SRI.T.K.KOSHY SRI.G.UDAYABHANU RESPONDENT(S): RESPONDENTS 1 & 2 -------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,PATHANAMTHITTA. 2. THE MANAGING DIRECTOR,KINFRA, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.SHYSON P.MANGUZHA (R1) BY SRI. G.S.REGHUNATH (R2) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1289 of 2009 ``````````````````````````````````````````````````````` Dated this the 26th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. The claimants are in appeal. The case pertains to acquisition of land in Enadimangalam village of Adoor Taluk for the purpose of construction of a Food Processing Park of KINFRA pursuant to 4(1) notification published on 19-12-2003. The Land Acquisition Officer awarded land value at the rate of Rs.4,600/- per Are. The reference court, on the basis of the evidence adduced before that court, re-fixed the land value at Rs.10,000/- per Are. The Land Acquisition Officer awarded value of improvements of the acquired land at Rs.1,02,873/- though the learned Sub Judge did not award any enhancement towards value of improvements. 2. We notice our own judgment in L.A.A.No.1341/2007 and connected cases. Having regard to the decision taken in that judgment, the value of land is to be re-fixed at Rs.11,000/- per Are. However, since it is a large extent of land involved in this appeal, 10% deduction has to be made. Then, the value of land in the LAA.1289/09 : 2 : present case will have to be fixed at Rs.9,900/- per Are. However, since the instant appeal is filed by the claimants and the rate fixed by the court below is Rs.10,000/- per Are, we are approving the rate of Rs.10,000/- per Are fixed by the court below. As we did in other cases, the appellants/claimants are entitled for 30% enhancement towards the value of improvements. We, therefore, award a further amount of Rs.31,000/- to the appellants towards additional value of improvements. It is made clear that the appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. Appeal is allowed to the above extent but without any order as to costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks