IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 LA.App..No. 542 of 2011(A) ------------------------------- LAR.77/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- K.V.INDUKALA DEVI, T.C.4/2151, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695004 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695001 GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.542 of 2011 ------------------------------------------------ Dated this the 28th day of September, 2011 JUDGMENT Pius C. Kuriakose, J This is an appeal by the claimant whose property in Kowdiar village was acquired for the purpose of widening of Pattom - Kowdiar Road for TRIDA. It is not disputed at the Bar that the issue raised in this appeal is covered almost fully by our judgment in L.A.A.509/11. Under that judgment for identical land covered by the impugned common judgment, we re-fixed the land value at ` 20 lakhs per Are. But as rightly submitted by the learned Government Pleader in the present case the same rate cannot be awarded as the claim is for a slightly lesser amount. The appeal is liable to be allowed in full. We allow the appeal and re-fix the market value of the land under acquisition at ` 19,76,800/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section L. A. A. No.542 of 2011 -2- 28 of the Land Acquisition Act. The appellant will be entitled for proportionate costs also. While drafting the decree section will have due regard to the conditions imposed by this Court while condoning the delay in filing the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-