IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 LA.App..No. 1397 of 2009() -------------------------------------- LAR.NO. 177/2007 of SUB COURT, PALA .................... APPELLANT(S): ADDL.CLAIMANTS 2 TO 5 -------------------------------------------------------------- 1. LEELAMMA MATHEW, MANJAPPALLIL, KIZHATHADIYOOR KARA, LALAM VILLAGE. 2. SAIRA KURIAN, MANJAPPALLIL, KIZHATHADIYOOR KARA, LALAM VILLAGE. 3. NIRMAL KURIAN, MANJAPPALLIL, KIZHATHADIYOOR KARA, LALAM VILLAGE. 4. DR.JOY KURIAN, MANJAPPALLIL KIZHATHADIYOOR KARA, LALAM VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): RESPONDENT ------------------------------------------------ STATE OF KERALA, REPRESETNED BY DISTRICT COLLECTOR, * (ERNAKULAM).(DELETED) KOTTAYAM * THE WORD “ERNAKULAM” IS DELETED AND THE WORD “KOTTAYAM” IS SUBSTITUTED IN THE ADDRESS OF THE RESPONDENT VIDE ORDER DATED 14/12/10 IN I.A.NO.4516/2010. BY GOVERNMENT PLEADER SRI.VTK.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- LAA No.1397 of 2009 ------------------------------------------- Dated this the 22nd July, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal is preferred by the claimants whose property in Lalam Village (within the area of Pala Municipal Town) was required for the purpose of up gradation of Ettumanoor Poonjar Highway. The acquisition was pursuant to Section 4(1) notification published on 30.6.2004. The Land Acquisition Officer awarded land value at the rate of Rs.16,235/- per Are. The reference court on evaluating the evidence which came on record re-fixed the land value at Rs.50,000/- per Are. 2. Our attention was drawn by Smt.Liji J.Vadakedam, the learned counsel for the appellant to the judgment of this Court in LAA No.1312/2009 to which one among us Pius C.Kuriakose, J. was a party. Having gone through the copy of the above judgment, we find that this Court has re-fixed the value of identical land at Rs.1,23,500/- per LAA No.1397 of 2009 2 Are, i.e. Rs.50,000/- per cent. Hence, relying on that judgment, we allow this appeal and re-fix the value of the land under acquisition at Rs.1,23,500/- per Are. The appeal stands allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. However, the parties are directed to suffer their respective costs. sd/- PIUS C.KURIAKOSE JUDGE sd/- K.SURENDRA MOHAN JUDGE true copy css/ P.S.TO JUDGE