IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 LA.App..No. 19 of 2005(D) ------------------------- LAR.42/2002 of SUB COURT, KOYILANDY .................... APPELLANT(S): CLAIMANT: ----------------------- VALIYIL KHADEESA, VENGALAM DESOM, CHEMANCHERRY VILLAGE, P.O. VENGALAM. BY ADV. SRI.R.K.MURALEEDHARAN SRI.R.PARTHASARATHY RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE MANAGING DIRECTOR, R.B.D.C., KOCHI. SR.GOVT.PLEADER SMT.LATHA T.THANKAPPAN FOR R1 ADV. SRI.VIJAYAKUMAR(NO VAK) FOR R2 SRI.SHYSON P. MANGUZHA, SC, RBDC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.19 of 2005 ---------------------------------- Dated this the 6th day of July, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. We are convinced that the issue raised by the claimant in this appeal is decided in favour of the claimant to a considerable extent by this court in L.A.A.No.1065/2004. Under that judgment which pertains to acquisition of land situated just opposite the land under acquisition in this appeal, this court re-fixed the market value of land at Rs.19,197/- per cent. Hence following the decision taken under that judgment we allow this appeal and re-fix market value of land under acquisition at Rs.19,197/- per cent. The appeal is allowed to the above extent. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. The appellant will get proportionate cost also. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb