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 12TH JULY 2011 / 21ST ASHADHA 1933 LA.App..No. 343 of 2011() ------------------------- LAR.255/2004 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT: ------------------------------------------ BIJUMON,S/O.VIJAYAN,KARTHIKA NIVAS, PALLIPPURAM,CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THE KERALA STATE REPRESENTED BY THE SPECIAL TAHSILDAR(LA),INDUSTRIAL CENTRE,CHERTHALA - 688 524. 2. THE MANGING DIRECTOR,KSIDC, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI.JOBY CYRIAC,SC,KSIDC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.343 of 2011 ------------------------------- Dated this the 12th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. It is fairly conceded by learned standing counsel for the requisitioning authority, The Industrial Centre, that the issue raised by the claimant in this appeal is covered in favour of the claimant by judgment of this Court in L.A.A.No.704 of 2006. We notice various other judgments of this Court approving refixation of land value @ Rs.17,297/- per are as approved in L.A.A.No.704 of 2006. Hence we allow this appeal and re-fix the market value of the land at Rs.17,297/- per are. The appellant will be entitled for all statutory benefits on the re-fixed compensation admissible under Sections 23(2), 23(1) and 28 of the Land Acquisition Act on the total refixed compensation. However, while provisions are made in the decree for interest under Section 28, the section will have due regard to the conditions 2 L.A.A.No.343 of 2011 imposed by this Court while condoning the delay in C.M.A.No.719 of 2011 dated 16.6.2011. Before issuing decree copy, it should be ensured that those conditions have been complied with and the full court fee payable on the appeal memorandum is remitted. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/