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 25TH MAY 2010 / 4TH JYAISHTA 1932 LA.App..No. 1035 of 2009 (C) --------------------------------- LAR.34/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): 2ND RESPONDENT -------------------------------------- THE MANAGING DIRECTOR, KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA),KINFRA HOUSE ANNEX, T.C.NO.9/2585,ELANKOM GARDENS,VELLAYAMBALAM, THIRUVANANTHAPURAM-10. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): CLAIMANT & IST RESPONDENT ------------------------------------------------------ 1. THOMAS WILFRED,S/O.ANDREWS, PUTHENPURAKKAL,MOOLAMKUZHIMURIYIL, RAMESWARAM VILLAGE. 2. STATE OF KERALA, REP.BY THE SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD.,VYTTILA,N.F.GATE, TRIPUNITHURA,ERNAKULAM DISTRICT. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1035 of 2009 ------------------------------------------------ Dated this the 25th day of May, 2010 JUDGMENT Abdul Rehim, J This land acquisition appeal arises from an acquisition made for expansion of “KINFRA Export Promotion Industrial Park”. This Court had occasion to dispose of a batch of appeals relating to properties covered under the very same Section 4(1) notification in the very same acquisition (judgment in LAA.1070/07 and connected cases dt.18/03/10). The rates awarded by the Reference Court was reduced by 10% in all the appeals disposed of by the said common judgment, considering largeness of extent of the properties L. A. A. No.1035 of 2009 -2- acquired. Following the same yardstick, this appeal is disposed of re-fixing land value for properties involved in category No.3 as Rs.73,530/- per Are and for properties involved in category No.5 as Rs.9,234/- per Are. The respondents/claimants will be entitled for all statutory benefits allowed by the Reference Court based on re-fixed value. 2. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-