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 AUGUST 2011 / 28TH SRAVANA 1933 LA.App..No. 452 of 2011() ------------------------- LAR.98/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/CLAIMAT: -------------- MURALEEDHARAN NAIR, S/O.VASUDEVAN NAIR,R/A.'DARSAN',T.C.4/2134, PATTOM P.O.,THIRUVANANTHAPURAM BY ADV. SRI.J.HARIKUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 452 OF 2011 ------------------------ Dated this the 19th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned Government Pleader Smt.T.T.Josephina has taken notice. 2. We have heard the submissions of Sri.J.Harikumar learned counsel for the appellant and the Government Pleader. The case pertains to acquisition of land in Kowdiar village for the purpose of development of Pattom - Kowdiar road pursuant to Section 4 (1) notification published on 16/9/2004. The Land Acquisition Officer awarded land value at the rate of 1,61,056/- per Are. The Reference Court on evaluating the evidence adduced by the parties would became inclined to refix the land value only at the rat of Rs.2,23,934/- per Are only. 3. In this appeal, the appellant limits his claim to Rs.24,00,000/- per Are. Our attention was drawn by Sri.J.Harikumar to our own common judgment delivered yesterday in L.A.A. Nos.1108/2010 and series. Having gone LAA.No.452/2011 2 through the above judgment, we are of the view that the above judgment governs the issue to a great extent in favour of the appellant. 4. Following the above common judgment, we allow this appeal and refix the market value of land under acquisition at Rs.22 Lakhs per Are. The appellant will be entitled for all statutory benefits also. However, while decree is drafted and provision is made under Section 28, the Section will have due regard to the conditions imposed by this court in its order in C.M.Appln. 1027/2011 dated 9/8/2011. The appeal will stand allowed, however without any order as to costs. Decree copy will be issued only after ensuring that the full court fee payable on the appeal memorandum is remitted. According to us, the totality of the facts and circumstances attending in this case will justify our order that cost will not follow the event. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk