IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 LA.App..No. 1338 of 2007() -------------------------- LAR.326/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT 1. STATE OF KERALA ( SPECIAL TAHSILDAR, LA(NH), KESAVADASAPURAM, THIRUVANANTHAPURAM REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD, NH DIVISION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT P N SUMANGALA RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR T.VRINDAKUMARI, KONAR VILLA, TC 14/630, POTHUJANAM LANE, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. MR.R.MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 1338 of 2007() ORDER ON I.A. NO. 3284 OF 2007 IN L.A.A. NO 1338 OF 2007 DISMISSED 27/10/2009 SD/- PIUS C KURIAKOSE, JUDGE SD/- K. SURENDRA MOHAN, JUDGE TRUE COPY PS TO JUDGE NL PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1338 of 2007 ------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT Pius C.Kuriakose,J. The Government is in appeal. The case pertains to acquisition of land in Thycaud village for the purpose of widening of Karamana - Killippalam Road. The relevant section 4(1) notification was published on 3.8.1998. The Land Acquisition Officer awarded land value at the rate of Rs.1,64,673/- per Are. The reference court, on evaluating the evidence, re-fixed the land value at Rs.6,17,284/- per Are. 2. The learned Senior Government Pleader Smt.Sumangala brought to our notice the judgment of this Court in LAA No.1377 of 2008. It is seen that the above judgment also pertains to acquisition for the same purpose pursuant to same notification and the L.A.Officer awarded the same rate of value for the properties in that case. Under that judgment, this Court has approved the enhancement of land value from Rs.1,64,673/- per Are to LAA No.1338 of 2007 2 Rs.6 lakhs per Are. 3. Having gone through the impugned judgment, we do not find any special circumstances or reason obtaining in this case for granting more than 6 lakhs per Are. Hence, following the decision of this Court in LAA No.1377 of 2008, we modify the impugned judgment and decree and re-fix the land value at the rate of Rs.6 lakhs per Are. The appeal stands allowed to the above extent. It is made clear that the total enhanced compensation to which the appellant become eligible by virtue of the judgment in this appeal, the appellant will be entitled for all statutory benefits under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act. In the above circumstances, the parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/