IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 573 of 2010(D) -------------------------- LAR.31/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 IN LAR ------------------------------------- 1. E.P.NALINI, GOKULAM, ALATHARA ROAD, SREEKARIYAM, THIRUVANANTHAPURAM. 2. V.N.ARAVIND, GOKULAM ALATHARA ROAD, SREEKARIYAM, THIRUVANANTHAPURAM. 3. THE CHIEF EXECUTIVE OFFICER ELECTRONICS TECHNOLOGY PARK (KERALA),THIRUVANATHAPURAM. ADV. SRI.P.A.AHAMED, SC, TECHNOPARK FOR R3 SRI.THOUFEEK AHAMED FOR R3 SRI.J.S.AJITHKUMAR FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 573 OF 2010 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The impugned judgment pertains to acquisition of land in Attipra village pursuant to Section 4 (1) notification published on 2/9/1995 for the purpose of expansion of Techno park. The properties under acquisition were included in categories “E” and “N” by the Land Acquisition Officer. The learned Subordinate Judge under the impugned judgment has refixed the value of the lands included in “E” category at Rs.30,000/- per Are and those lands included in category “N” at Rs.15,000/- per Are. 2. Having regard to the submissions addressed before us by Smt.Latha T.Thankappan learned senior Government Pleader for the appellant, Sri.P.A.Ahamed learned standing counsel for the requisitioning authority and Sri.J.S.Ajith Kumar learned counsel for the claimants/respondents, and having taken into account the judgment of this court in L.A.A. No.2285/2008, we LAA.No.573/2010 2 are of the view that the impugned judgment requires modification though slightly. 3. Relying on the above judgment, we allow the appeal and refix the market value of the properties included by the Land Acquisition Officer in category “E” at Rs.29,135/- per Are. Similarly, we refix the value of the properties included by the Land acquisition Officer in category “N” at Rs.14,465/- per Are. The appeal is allowed only to the above extent. Needless to mention that the claimant respondent will be entitled for statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act. Parties are directed to suffer their respective costs in the appeal. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk