IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 LA.App..No. 1078 of 2010(D) --------------------------- LAR. No. 19 OF 2003 OF SUB COURT, THALASSERY APPELLANT(S): CLAIMANT ---------------------- VALSALA KARUNAKARAN, D/O.LATE GOVINDAN, AGED 65 YEARS, RESIDING AT 'SREEVALSAM', NEAR REST HOUSE, TALAP, KANNUR-2 VILLAGE, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SPECIAL TAHSILDAR (L.A.) RAILWAY, KANNUR, KANNUR DISTRICT, PIN-670 001. 2. EXECUTIVE ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, KANNUR, PIN-670 001. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 GOVT. PLEADER SMT. P.N.SUMANGALA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. No. 1078 of 2010 ----------------------------------------------- Dated this the 8th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. Having regard to the very elaborate submissions addressed before us by Sri.R.Surendran, learned counsel for the appellant, Sri. M.C. Cherian, standing counsel for the Railway and the learned Govt. Pleader and having taken into account the relevant materials, particularly Exts.A5 and A4 (the revised judgment under which fixed the land value at Rs.50,000/-) has attained finality, we allow this appeal and re-fix the market value of the land under acquisition at Rs.45,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-