IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 502 of 2011(A) ------------------------------- LAR.157/2001 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): 2ND CLAIMANT & LEGAL HEIR OF THE 1ST CLAIMANT ----------------------------------------------------------------------------- 1. GEETHA DEVADAS, W/O.DEVADAS, PANAVILAKOM VEEDU, VENNIYOOR P.O.,CHERUNNIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. ANEESH, S/O.DEVADAS, PANAVILAKOM VEEDU, VENNIYOOR P.O.,CHERUNNIYOOR VILLAGE, THIRUVANANTHAPURAM. 3. ANOOP, S/O.DEVADAS, PANAVILAKOM VEEDU, VENNIYOOR P.O.,CHERUNNIYOOR VILLAGE, THIRUVANANTHAPURAM. 4. DIVYA, D/O.DEVADAS, PANAVILAKOM VEEDU, VENNIYOOR P.O.,CHERUNNIYOOR VILLAGE, THIRUVANANTHAPURAM. (1ST APPELLANT IS THE POWER OF ATTORNEY HOLDER OF THE 2ND AND 3RD APPELLANTS). BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.-695005 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS SOUTHERN, RAILWAY, THIRUVANANTHAPURAM.-695001 ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.502 of 2011 ------------------------------------------------ Dated this the 21st day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is filed by the claimants. Sri.M.C.Cherian, the Standing Counsel has taken notice on behalf of the Railways. 2. Having considered the submissions addressed at the Bar by Smt.M.Hemalatha, Sri.M.C.Cherian, the learned Standing Counsel for the Railways and Sri.C.R.Shyamkumar, the learned senior Government Pleader, we are of the view that the issue raised by the claimants in this appeal is covered in favour of them by judgment of this Court in L.A.A.66/09 and connected cases. Following that common judgment dated 12/01/11, we allow this appeal and re-fix the market value of the land under acquisition at ` 71,000/- per Are as we find that the property involved in this case was included in category-B. The claimants will be entitled for all L. A. A. No.502 of 2011 -2- statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted the Section will have due regard to the conditions imposed by this Court in its order dated 10/10/11 in C.M. Application No.1139/11. Decree copy will be issued only after ensuring that all the conditions therein have been complied with and also that the full court fee of ` 2,350/- payable on the appeal memorandum is remitted. Parties will suffer their respective costs. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE