IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 LA.App..No. 342 of 2009() ------------------------- LAR.80/2005 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- G.ANITHA, D/O.K.A.RAMANI, PADMAVILASOM, MANAKKAD P.O., THODUPUZHA. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, IDUKKI. BY SR. GOVT. PLEADER SRI.BASANT BALAJI. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ------------------------------------------ LAA. No. 342 of 2009 ------------------------------------------- Dated this the 19th day of February, 2010 J U D G M E N T Pius C. Kuriakose, J. The claimant is in appeal. The case relates to acquisition of land in Manakkadu Village for the purpose of construction of Thodupuzha byepass pursuant to Section 4 (1) notification published on 12-6-2002. The land acquisition officer awarded land value at the rate of Rs.17,561/- per Are. The reference court on the basis of the evidence which came on record re-fixed land value at Rs.23,375/- per cent. Our attention is drawn by Sri.Sandheep Ankarath, learned counsel for the appellant to our own judgment in LAA. No. 337 of 2009. We notice, under that judgment, we have re-fixed the value of the land acquired for the same purpose in the same village at Rs.50,000/- per cent. We follow that judgment and re-fix the value of the land under acquisition in this case at LAA. No. 342/09 - 2 - Rs.50,000/- per cent. 2. We also noticed that for 1.309 cents of un-acquired land, compensation for injurious affection was granted by the reference court at the rate of 50% of the market value. There is no appeal by the Government against the award of such compensation. Naturally the amount receivable by the appellant as compensation for injurious affection will also go up on the basis of our re-fixation of market value. Appeal is allowed as above. The appellant will be entitled for all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/-