IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 LA.App..No. 634 of 2011() ------------------------- LAR.290/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. M.ABDUL NADEER, T.C.19/656, KUNNUMMEL, KOWDIAR, THIRUVANANTHAPURAM. 2. DR.LEELA USMAN, W/O.ABDUL NADEER, T.C.19/656, KUNNUMMEL, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 005. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A..No.634 OF 2011 ------------------------ Dated this the 18th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal is preferred by the claimants and the case pertains to acquisition of land in Kowdiar village for the purpose of development of Pattom - Kowdiar road within the limits of Thiruvananthapuram city. The LAO awarded land value at the rate of Rs.1,60,056/- per Are. This was refixed by the Reference Court at the rate of Rs.2,25,000/- per Are. 2. Sri.M.Sreekumar learned counsel for the appellants draws our attention to the judgment of this court in L.A.A. No.726/2010 and submits that under that judgment, value of identical property acquired for the same purpose has been refixed by this court at Rs.22 Lakhs per Are. 3. The learned senior Government Pleader Sri.C.R.Shyam Kumar submitted that though it is true that in the above case this court has refixed the land value at the rate of Rs.22 Lakhs per Are, in the present case as the claim is limited to Rs. LAA.No.634/2011 2 17 Lakhs per Are, the appellant cannot be awarded more than that. 4. We find force in the submission of the learned Government Pleader. We allow this appeal and refix the value of land under acquisition at Rs.17,29,000/- per Are. The appellant will be entitled for all statutory benefits subject to the conditions imposed by this court in C.M.Appln. No.1461/2011. The appeal will stand allowed. The appellants will be entitled for the forfeited costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk LAA.No.634/2011 3