IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 156 of 2009(D) -------------------------- LAR.115/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: APPELLANT/1ST RESPONDENT. --------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANATHAPURM. BY GOVERNMENT PLEADER, SMT.LATHA T THANKAPPAN ADDL.ADVOCATE GENERAL RESPONDENT: RESPONDENT S/CLAIMANT & 2ND RESPONDENT. ------------------------------------------------------ NAZIMUDHEEN, S/O.SAINUDEEN, BARKATH HOUSE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.DILIP MOHAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/7/2010, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO. 441/09 IN LAA NO. 156 OF 2009 DISMISSED. SD/- PIUSC.KURIAKOSE, JUDGE SD/- M.L.JOSEPH FRANCIS, JUDGE 30.7.2010 PIUS C. KURIAKOSE & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No. 156 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010 JUDGMENT Pius C. Kuriakose J., The Government is in appeal. The acquisition of land in Pettah Village pursuant to the notification dated 23.11.2003. The purpose of acquisition was construction of Bakery – Palayam – Airport Road, Thiruvananthapuram. The Land Acquisition Officer awarded Rs.1,24,797/- per Are. The Reference Court revised the value at Rs.16, 54, 307/- per Are. This was done relying on Ext.A1. This court has already set aside the judgment in L.A.A. No. 1973 of 2008. This court has by a common judgment in L.A.A. Nos. 2413 of 2008 series delivered today revised the value of land for which the Land Acquisition officer had awarded value at the rate of Rs.2,16,886/- at Rs.14,00,000/- per Are. L.A.A. No. 156 of 2009 2 2. The argument of learned Government Pleader is that proportion taken is different in this case and the value is to be refixed at Rs.7,98,000/-. There is some merit in the contention of the learned Government Pleader. 3. We are not inclined to think that same proportion is to be taken as was awarded by the Land Acquisition Officer. We rely on the judgment in setting aside Ext.A1 in our common judgment in L.A.A. No. 2413 of 2008 series. The market value of the land under acquisition was Rs.8,50,000/- per Are. The claimants will be entitled for statutory benefits admissible under Section 23(1), 23(1) A and 28 of the Land Acquisition Act. Interest under Section 28 will be calculated only with effect from the date of dispossession and not from the date of award. The parties are directed to suffer their respective cost. PIUS C. KURIAKOSE, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/