IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 LA.App..No. 358 of 2011(D) -------------------------- LAR.114/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ROSE MICHAEL RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR --------------------------------------------------- 1. CHANDRASEKHARAN NAIR,T.C.21/254,INRA-D6, TOWER VIEW, JUDGE ROAD, THIRUVANANTHAPURAM, PIN 695010. 2. SMT.LEELA K.NAIR, ANAND VILAS, H.NO.6/26, OPPOSITE COURT, NORTH PARAVOOR, ERNAKULAM, PIN 683513. 3. SRI.SATHEESH K.NAIR, ANAND VILAS, H.NO.6/26, OPPOSITE COURT, NORTH PARAVOOR, ERNAKULAM, PIN 683513. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM, PIN 695010. ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE FOR R1-3 SRI.S.SHARAN FOR R1-3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No.358 of 2011 ------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Having considered the rival submissions addressed at the bar by the learned Government Pleader Smt.Rose Michael and Sri.P.Santhalingam, learned senior counsel for claimants/ respondents we are of the view that the issue raised by the government in this appeal is covered in favour of the Government to a certain extent by our own judgment in LAA.2008/08 and Cross Objections 12/10. Following that judgment we allow this appeal and refix the market value of land under acquisition at Rs.21,60,000/- per Are. Needless to mention that on the refixed compensation the claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Appeal is allowed. Parties are however directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb