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 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 LA.App..No. 479 of 2011() ------------------------- LAR.413/2008 of II ADDL.SUB COURT,TRIVANDRUM .................................... APPELLANT(S): CLAIMANT ---------------------- RAJU M. VARGHESE, RESIDING AT T.C 12/340, 17-PUSHPA NAGAR, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER VARGHESE, S/O.A.G. MATHEW, RESIDING AT T.C 12/340, PUSHPA NAGAR, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 004. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 001. BY ADV.SRI.V.T.K.MOHANAN, GOVERNMENT PLEADER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A. No.479 of 2011 ------------------------------- Dated this the 2nd day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. As directed by us, Sri.V.T.K.Mohanan learned Government Pleader has taken notice on behalf of respondents. At the very outset, learned Government Pleader sought time to verify whether in this case the Government had preferred any appeal. Sri.J.Harikumar learned counsel for the appellant submitted that he is sure that no appeal has been preferred by the Government in this case. We record and accept the above submission and proceed to decide the appeal on merits. This appeal pertains to acquisition of land in Kowdiar village for the purpose of widening Pattom-Kowdiar road pursuant to Section 4(1) notification published on 16.9.2002. The Land Acquisition Officer awarded land value at Rs.1,60,056/- per Are. The reference court under the impugned judgment 2 L.A.A. No.479 of 2011 refixed the land value at Rs.2,25,000/- per Are. Our attention is drawn by Sri.Harikumar to our own judgment in L.A.A.No.1108 of 2010 and connected cases. We find that under the above judgment, we have refixed the land value of identical lands at Rs.22 lakhs per Are. Sri.Harikumar requested that following the above judgment, which have attained finality, this appeal be allowed and fix the value of land under acquisition at Rs.22 lakhs per Are. This request is opposed by Sri.V.T.K.Mohanan. Mr.Mohanan submitted that it is true that this Court had refixed the value of identical lands in Kowdiar village at Rs.22 lakhs but there is no justification for granting more than Rs.8 lakhs per cent, which was the amount claimed by the appellant before the reference court and Land Acquisition Officer. On going through the judgment, we find force in the submission of learned Government Pleader. Under the above mentioned circumstances, notwithstanding the judgment of this Court fixing the land value at Rs.22 lakhs, we refix the value of land under acquisition at Rs.19,76,800/- corresponding to 3 L.A.A. No.479 of 2011 Rs.8 lakhs per cent. The appellant will be entitled for all statutory benefits also. Accordingly, the appeal is allowed with proportionate costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/