IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 LA.App..No. 1311 of 2010() -------------------------- LAR.150/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- RAJU, S/O.NANU, PUTHENKANDATHIL, PERINGALA, KAYAMKULAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP BY.ADDL.GOVT.PLEADER, MAVELIKKARA. 2. SOUTHERN RAILWAY, ERNAKULAM PIN - 682 016. ADV. C.S.DIAS GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR SRI.C.S.DIAS, SC, RAILWAYS SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A NO. 1311 OF 2010 ------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this appeal coming up for admission, Sri. M.C.Cherian learned standing counsel has taken notice on behalf of the Railways and Sri.C.R.Shyamkumar learned senior Government Pleader has taken notice on behalf of the Government. 2. Having considered the submissions addressed at the Bar by the learned counsel for the appellant, learned standing counsel and the learned Government Pleader, we find force in the submission of the learned counsel for the appellant that the issue is covered in favour of the appellant by the judgment of this court in L.A.A. No.75/2010. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.72,500/- per Are. The appellant will be entitled for all statutory benefits on the refixed land value. However, while decree is drafted and the L.A.A No. 1311 /2010 2 provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order in C.M.Appln. NO.2157/2010. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted and that all the conditions in the order condoning the delay have been complied with. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A No. 1311 /2010 3