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 11TH OCTOBER 2011 / 19TH ASWINA 1933 LA.App..No. 573 of 2011() ------------------------- LAR.201/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANTS: -------------- K.RAMACHANDRAN NAIR, S/O. KRISHNA PILLAI SANGEETH T.C. 13/1669, PATTOM THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM 695005. 2. THE SECRETARY, TRIDA THIRUVANANTHAPURAM 695003. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 573 OF 2011 ------------------------ Dated this the 11th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.T.T.Josephina learned Government Pleader has taken notice on behalf of the respondents. 2. We have heard Smt.M.Hemalatha learned counsel for the appellant and the learned Government Pleader Smt.T.T.Josephina. We notice that the issue raised by the claimant in this appeal is covered to a great extent in favour of the appellant/claimant by the judgment of this court in L.A.A. No.151/2011. The acquisition was of land in Pattom village and the purpose was for widening of G.G.Hospital - Kumarapuram - Poonthy-Anamughom-N H.bye-pass . The relevant section 4 (1) notification was published on 16/6/2006. The Land Acquisition Officer awarded land value at the rate of Rs.2,48,125/- per Are. The Reference Court refixed the same at the rate of Rs.3,72,187.50 per Are. A copy of the judgment in L.A.A. LAA.No.573/2011 2 No.151/2011 is made available for our perusal. On going through the above judgment, we find that for identical land acquired for the same purpose this court has refixed the value at Rs.12,35,000/- per Are. Following that judgment, we allow this appeal and refix the value of land under acquisition at Rs.12,35,000/- per Are. The appellant will be entitled for statutory benefits admissible under Section 23(2), 23 (1A) and Section 28 of the Act. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk