IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 LA.App..No. 639 of 2011() ------------------------- LAR.171/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- KRISHNANKUTTY, THANUVELIL MEENATHERIL, PERINGALA, KAYAMKULAM. BY ADV. SRI.C.P.RAVIKUMAR SRI.S.MOHANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOUTHERN RAILWAY REPRESENTED BY GENERAL MANAGER THROUGH EXECUTIVE ENGINEER (CONSTRUCTION-DOUBLING), KAYAMKULAM. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 BY GOVT.PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No. 639 OF 2011 ------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The learned counsel for the appellant Sri.C.P.Ravikumar submits that the cost amount ordered to be paid by this court in C.M.Appln. No.1479/2011 will be readily paid. We accept the above submission and take up the appeal for hearing and disposal. 2. The claimant is in appeal. The wet land and dry land belonging to the appellant situated in Kayamkulam village were acquired for the purpose of doubling the railway track by the southern railway. The Land Acquisition Officer awarded land value at the rate of Rs.9373/- per Are for wet land and at the rate of Rs.17,448/- per Are for dry lands. The Reference Court under the impugned judgment refixed the land value at Rs.15,000/- and 30000/- respectively for wet land and dry land. 3. Having considered the submissions addressed before us by Sri.C.P.Ravikumar learned counsel for the appellant, Sri.M.C.Cherian learned standing counsel for the Railways and Sri.C.R.Shyamkumar learned senior Government Pleader, we are LAA.No.639/2011 2 of the view that the issue raised by the appellant in this appeal is covered in favour of the appellant by the judgment of this court in L.A.A. No.854/2010. A copy of the above judgment is also made available for our perusal . 4. Following that judgment, we allow this appeal and refix the value of wet land at Rs.30,000/- per Are. Similarly we refix the value of dry land under acquisition at Rs.60,000/- per Are. The appellant will be entitled for all statutory benefits. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by us in the order condoning the delay caused in the matter of filing this appeal. The parties are directed to suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted and also that the conditions imposed by this court in the delay condonation petition are also complied with. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk LAA.No.639/2011 3