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 30TH JUNE 2011 / 9TH ASHADHA 1933 LA.App..No. 332 of 2011() ------------------------- LAR.44/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- SOMASEKHARAN NAIR AGED 75 YEARS, S/O.PARAMESWARAN PILLAI VALIYAVEEDU, AMBADY ,T.C. 10/1507 PULIKKAVILA LANE, VATTIYOORKAVU PO, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S)/RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER CIVIL ENGINEERING DIVISION DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2011, ALONG WITH LAA NO. 334 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos. 332 & 334 OF 2011 ------------------------ Dated this the 30th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Having regard to the submissions addressed before us by Sri. Thirumala P.K.Mani,learned counsel for the appellant and Smt.T.T.Josephina, learned Government Pleader and the Assistant Solicitor General and having taken into account our own judgment in L.A.A. Nos.274/2011 & 217/2011 which was in respect of acquisition of lands in other categories in the same village pursuant to the same notification for the same purpose, we are of the view that there is justification for refixing the land value at much higher rates than what is presently awarded by the Reference Court. In these appeals, the claim is limited to refixation of land value at Rs.2,00,000/- per Are. 2. Hence, we allow this appeal in full refixing the value of land under acquisition at Rs.2,00,000/- Lakhs per Are. The appellant will be entitled for all statutory benefits on the refixed compensation in both the cases. Parties will suffer their LAA.Nos.332 & 334/2011 2 respective costs. Decree copy will be issued only after ensuring that the full court fee payable on the appeal memoranda is remitted by the appellant. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk