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 26TH AUGUST 2011 / 4TH BHADRA 1933 LA.App..No. 414 of 2011() ------------------------- LAR.41/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- MANIKANTAN NAIR, S/O.PARAMESWARAN PILLAI, VILAYANIKONATHU, ATHIRA BHAVAN, MANNARAKONAM, VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. BY ADV.SMT.T.T.JOSEPHINA, GOVERNMENT PLEADER SRI.P.PARAMESWARAN NAIR, ASG OF INDIA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.414 of 2011 ------------------------------- Dated this the 26th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimant is in appeal. His property in Peroorkada village was acquired pursuant to Section 4(1) notification published on 22.4.2004 for the purpose of IISU of ISRO. The Land Acquisition Officer included the said property in category 'D' and awarded land value at Rs.25,858/- per Are. The Reference court under the impugned judgment refixed the land value at Rs.73,740/- per Are. The learned counsel for the appellant draws our attention to various judgments of this Court including in L.A.A.Nos.411, 355, 1136, 1137, 1138, 1140 and 273 of 2010 dealing with refixation of land value in other cases pertaining to the very same acquisition of lands included in various categories, including 'D category'. It is argued by the learned counsel for the appellant that the appellant should be awarded atleast 2 L.A.A.No.414 of 2011 Rs.2,84,438/- per are following those judgments. The above request is opposed by learned Assistant Solicitor General as well as by the learned Government Pleader Smt.T.T.Josephina. Their submissions was that this is a case where the party had claimed only Rs.1 lakh per cent ie., Rs.2,47,000/- per are before the Land Acquisition Officer as well as the Reference court. Hence there is no justification for claiming more on the basis of subsequent judgments of this Court. We find force in the submissions of learned Assistant Solicitor General and learned Government Pleader. Hence we are inclined to refix the land value of the land under acquisition at Rs.2,47,000/- per are. The appeal is allowed refixing the land value at Rs.2,47,000/- per are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed compensation. However, while the decree is prepared, the concerned section will have due regard to the conditions if any imposed by this Court in its order dated 27.7.2011 in 3 L.A.A.No.414 of 2011 C.M.A.No.948 of 2011. It shall be also ensured before issuing decree copy, that the full court fee to the appeal memorandum of Rs.1,05,472/- is remitted. The parties are directed to suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/