IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 LA.App..No. 273 of 2010(c) ------------------------------ LAR.92/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 ----------------------------------------------------------- 1. LATHIKA DEVI, D/O. RADHAMONY AMMA, LATHIKA NIVAS, CHITHRA NAGAR, RANDAMANA MURI, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.273 of 2010 ------------------------------------------------ Dated this the 12th day of August, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Peroorkada village acquired for the purpose of expansion programme of ISRO. The relevant Section 4(1) notification was published on 22/04/04. The Land Acquisition Officer awarded land value at the rate of Rs.20,687/- per Are. The Reference Court on the basis of the evidence that came on record re-fixed the value of land at Rs.5 lakhs per Are. 2. Having considered the rival submissions addressed before us by Smt.Latha T. Thankappan, the learned senior Government Pleader and also Sri.G.Ram Mohan, the learned counsel for the L. A. A. No.273 of 2010 -2- respondent and having taken into account the judgment of this Court in other cases pertaining to acquisition of land for the same purpose particularly, the judgment of this Court in LAA.411/10, we are of the view that the appeal is to be allowed to a considerable extent. Accordingly, we re-fix the market value of the land under acquisition at Rs.2,33,145/-. The appeal is allowed as above. 3. The claimant will be entitled for all statutory benefits on the re-fixed compensation. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-