IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 LA.App..No. 405 of 2011() ------------------------- LAR.360/2005 of SUB COURT, PATHANAMTHITTA .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE EXECUTIVE ENGINEER, KSTP, KOTTARAKKARA DIVISION. BY GOVERNMENT PLEADER C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANT IN LAR ------------------------------ KAMALAKSHIAMMA SREEDEVI, SREENILAYAM, AYYAMKOICKAL, ERATHU VILLAGE, ADOOR TALUK-689645. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A. No.405 of 2011 -------------------------------------------------- Dated this the 16th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The Government is in appeal. There is no appearance for the respondents who have been served with notice. The property was in Erathu village. Acquisition was pursuant to Section 4(1) notification published on 22.7.2003. The Land Acquisition Officer awarded land value at the rate of Rs.23,170/- per Are. The reference court relying on Ext.A1 re-fixed the land value at the rate of Rs.1,50,000/- per Are. 2. Sri.C.R.Shyam Kumar, the learned Government Pleader submits that this Court by judgment in L.A.A.No.345/2011 interfered with Annexure 11 and reduced the amount fixed under Ext.A1 by 30%. He submitted that in this case there is every justification for reducing the amount at least by 35%. We find force in the submission of the learned Government Pleader. We allow this appeal and re-fix the market value at Rs.1,05,000/- per Are. We clarify that the respondent will be L.A.A. No.405 of 2011 2 entitled for all the statutory benefits on the re-fixed compensation. We also clarify that we have not interfered with the cost awarded to the respondent by the reference court. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab