IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 LA.App..No. 634 of 2010(C) ------------------------------------- [LAR.NO.195/2008 OF III ADDITIONAL SUB COURT, ERNAKULAM] .................... APPELLANT/ 2ND RESPONDENTS IN L.A.R: -------------------------------------------------------------- DEPUTY CHIEF ENGINEER(CN) SOUTHERN RAILWAY, ERNAKULAM. BY SRI.M.C.CHERIAN,SR.S.C.,RAILWAYS. RESPONDENTS/[CLAIMANTS & 1 RESPONDENT IN LAR]: ---------------------------------------------------------------------------------- 1. KOMALAVALLY(AGED)NOT KNOWN,W/O.CHAKRAPANI, VELLITHARAPARAMBIL, PONNURUNNI(DESOM), VYTTILA, 2. SHEEBA,(AGED)NOT KNOWN, D/O.CHAKRAPANI, VELLITHARAPARAMBIL, PONNURUNNI(DESOM), VYTTILA. 3. DEEPA (AGED)NOT KNOWN, D/O.CHAKRAPANI, VELLITHARAPARAMBIL, PONNURUNNI(DESOM), VYTTILA. 4. DEEPTHI(AGED)NOT KNOWN, D/O.CHAKRAPANI, VELLITHARAPARAMBIL, PONNURUNNI(DESOM), VYTTILA. 5. STATE OF KERALA REPRESENTED BY THE SP.THAHASILDAR(LA),RAILWAYS, ERNAKULAM. R1 TO R4 BY ADV. SRI.E.D.GEORGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A. No.634 of 2010 ------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. This is an appeal filed by the requisitioning authority seeking reduction of the amount granted by the reference court. The acquisition pertains to property situated in Poonithura Village for the purpose of doubling of Ernakulam- Mulanthuruthi Railway track. The notification under Section 4(1) was issued on 5.12.2007. The property was included in Category-1 by the LAO and awarded land value @ Rs.3,41,406/- per are. The reference court enhanced the land value as Rs.7,53,968/- per are. 2. Learned standing counsel for the appellant/ requisitioning authority had pointed out that this Court in L.A.A.No.20 of 2010 had considered the appeal with respect to property covered under Category-1 and fixed the land value as Rs.6,75,750/- per are, through judgment dated 2 L.A.A. No.634 of 2010 10.6.2010. 3. Under the above mentioned circumstances, we are inclined to allow the appeal by reducing the land value fixed by the reference court, as Rs.6,75,750/- per are. 4. Accordingly, the appeal is allowed and the enhanced land value fixed by the reference court is reduced to Rs.6,75,750/- per are. 5. Needless to say that the claimant will be entitled for all statutory benefits on the refixed compensation. The parties will suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/