IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 409 of 2009() ------------------------- LAR.112/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT. ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, NH DIVISION, HIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER C.R. SHYAMKUMAR RESPONDENT(S): RESPONDENT/CLAIMANTS. ------------------------------------ 1. SHAHIRBA BEEVI.N, W/O.PEERUKANNU, AGED 57, RESIDING AT NP VI/954, NEERAMANKARA, PAPPANAMCODE,THIRUVANANTHAPURAM. 2. RASHEED M.P., S/O.PEERUKANNU,AGED RESIDING AT NP VI/954,NEERAMANKARA, PAPPANAMCODE,THIRUVANANTHAPURAM. 3. LATHEEFA M.P., D/O.PEERUKANNU, RESIDING AT NP VI/954,NEERAMANKARA, PAPPANAMCODE,THIRUVANANTHAPURAM. 4. FATHEELA M.P., D/O.PEERUKANNU, RESIDING AT NP VI/954,NEERAMANKARA, PAPPANAMCODE,THIRUVANANTHAPURAM. ADV. SRI.J.HARIKUMAR FOR R1 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- LAA. No. 409 of 2009 ----------------------------------------------- Dated this the 21st day of November, 2011 J U D G M E N T Pius C.Kuriakose, J. This appeal is preferred by the Government and the acquisition pertains to land in Nemom Village for the purpose of widening of the road from Karamana to Killippalam pursuant to section 4(1) notification published on 20-08-1998. L.A. Officer awarded land value at the rate of Rs.1,56,214/- per Are. The reference court on evaluating evidence, particularly Ext.A1 re-fixed the land value at Rs.6,17,284/- per Are. Sri. C.R. Syamkumar, learned senior Government Pleader drew our attention to judgment of this court in LAA. No. 473 of 2009. He pointed out that LAA. No. 473 of 2009 is in respect of acquisition for the same purpose in the same village, but pursuant to a notification which is few days subsequent to 20-8-98. It is pointed out that under that judgment this court has re-fixed the land value at Rs.6 lakhs per Are. He requested that this appeal be allowed atleast to the above extent. LAA. 409/09 -2- 2. The submissions of Mr. Syamkumar very stiffly opposed by Sri. J. Harikumar. Sri. Harikumar submitted that Ext.A1 has been approved by this court in LAA. No. 1375 of 2008. According to him as Ext.A1 has been confirmed there is no warrant for interference in this appeal. 3. We have very anxiously considered the rival submissions addressed at the Bar. We are of the view that though there was some similarity between the property in LAA. No. 473 of 2009 and the property under acquisition the learned Subordinate Judge was not justified in awarding the full value reflected in A1. According to us, the judgment in LAA. No. 473 of 2009 is to be followed. We follow the same and allow this appeal. Land value is re-fixed at Rs.6 lakhs per Are. We make it clear that we are not inclined to interfere with the costs awarded in this case by the reference court. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-