IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM ` TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 LA.App..No. 561 of 2011() ---------------------------------- LAR.34/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/CLAIMANT: ----------------------------------- SAVITHRI, D/O.SANKARAN ELAYATHU, MOOTHAVARAPILLY ILLAM, MULAVUKAD, ERNAKULAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.S.DILEEP SRI.K.S.ROCKEY RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHASILDAR(LA) ICTT, VALLARPADAM, ELOOR, ERNAKULAM. 2. CHAIRMAN, COCHIN PORT TRUST, W.ISLAND, ERNAKULAM. BY GOVERNMENT PLEADER, SMT. T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ln PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - L.A.A. No. 561 of 2011 - - - - - - - - - - - - - - - - Dated this the 4th day of October, 2011. JUDGMENT PIUS C. KURIAKOSE, J. The claimant is in appeal. The property in Mulavukad village was acquired pursuant to Section 4(1) Notification published on 13.02.2008 for the purpose of construction of four line connectivity road from Kalamassery to ICTT, Vallarpadam. Land Acquisition Officer awarded land value at the rate of `67,891/- per Are. The Reference Court by the impugned judgment re-fixed the same at `95,047/- per Are. In this Appeal various grounds are raised and it is urged that the market value should be re-fixed at `5,86,895/-. Having heard the submissions of Adv. Sri. S. Dileep, the learned counsel for the appellant and Smt. T.T. Josephine, the learned Government Pleader, we are of the view that the issue raised in this appeal is fully covered by the judgment in L.A.A No. 503 of 2011. Following that judgment, we allow this appeal and re-fixed the valuation at `5,86,895/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23 and 28 of the L.A.A. No.561/2011 -:2:- Land Acquisition Act. However, while decree is drafted there should be due regard to the the conditions imposed by us while allowing C.M. Application No.1259 of 2011. The decree copy will be issued only after ensuring that all the conditions in the above order are complied with and that the full court fee payable on the appeal memoranda is remitted. sd/- PIUS C. KURIAKOSE, JUDGE. sd/- C.K. ABDUL REHIM, JUDGE. rv L.A.A. No.561/2011 -:3:-