IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 LA.App..No. 1515 of 2009(C) --------------------------- LAR.191/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- GEEVARGHESE THOMAS, MAYARAPUTHEN VEEDU, PUTHIYAKAVU, MAVELIKKARA. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL GOVERNMENT PLEADER, MAVELIKKARA. 2. SOUTHERN RAILWAY, ERNAKULAM, REP. BY ITS ENGINEER, (CONSTRUCTION AND DOUBLING), KAYAMKULAM. GOVERNMENT PLEADER SMT. T.T.JOSEPHINA FOR R1 SRI. N.B.SUNILNATH, SC RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. No. 1515 of 2009 ----------------------------------------------- Dated this the 24th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. We notice that the issue raised in this appeal preferred by the claimant is covered to a substantial extent by our own judgment in LAA. No. 61 of 2010. Under that judgment we re- fixed value of identical lands at Rs.95,000/- per Are. Even though the notification under Section 4(1) in this case is three months earlier, we are of the view that the same rate as fixed under LAA. No. 61 of 2010 can be awarded to the appellant also. Hence we allow this appeal and re-fix market value of land at Rs.95,000/- per Are. On the re-fixed compensation the appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties will suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-