IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 LA.App..No. 264 of 2009(A) ------------------------------ LAR.202/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 --------------------------------------------------------- 1. SATHEESAN, S/O.KOCHU NARAYANAN, MANACADU VILAKATHU VEEDU, NEHRU JUNCTION, ATTIPRA VILLAGE. 2. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.264 of 2009 ------------------------------------------------ Dated this the 5th day of January, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of 0.93 Ares of land in Pettah village pursuant to notification under Section 4(1) published on 04/02/99. The Land Acquisition Officer awarded land value at the rate of Rs.74,105/- per Are. The Reference Court considering the evidence which consisted of Ext.A1 judgment and the oral evidence of AW1 would re-fix the land value at Rs.1,50,000/- per Are. 2. Having heard the submissions of Sri.Basant Balaji, the learned Senior Government Pleader and L. A. A. No.264 of 2009 -2- those of Sri.S.M.Prem, the learned counsel for the respondent and having made a quick re-appraisal of the evidence, we are of the view that the enhancement granted by the learned Subordinate Judge is slightly excessive. We notice several judgments of this Court pertaining to the same acquisition. Keeping all relevant inputs in mind, we are of the view that the land value has to be reduced to Rs.1,41,000/- per Are. Accordingly, we allow the appeal and modify the judgment and decree and re-fix the value of the land under acquisition at Rs.1,41,000/- per Are. 3. The appeal stands allowed to the above extent. No costs. It is made clear that on the total enhanced compensation to which the respondent L. A. A. No.264 of 2009 -3- becomes eligible, he will be entitled for all statutory benefits. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-