IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 LA.App..No. 724 of 2011() ------------------------- LAR.26/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S/CLAIMANT): -------------- REJI JOSEPH, T.C.3/2017 MULAVEETTIL VEEDU, VALLUVEETTU MURI, THIRUVANANATHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA , REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANATHAPURAM 695005. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM - 695003. BY SENIOR GOVT.PLEADR SRI. C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A. NO. 724 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this appeal preferred by the claimant coming up for admission, Sri.C.R.Shyam Kumar learned senior Government Pleader has taken notice on behalf of the respondent. We have heard the learned counsel for the appellant Smt.Hemalatha as well as Sr.C.R.Shyam Kumar learned senior Government Pleader. 2. The case pertains to acquisition of land in Kowdiar village for the widening of Pattom - Kowdiar road pursuant to Section 4 (1) notification published on 16/9/2004. The LAO awarded land value at the rate of Rs.1,77,840/- per Are. The Reference Court under the impugned award has refixed the same at Rs.2,50,000/- per Are. 3. In this appeal the claim is that the appellant should be awarded land value at the rate of Rs.7 Lakhs per cent. Smt.Hemalatha learned counsel for the claimant would draw our L.A.A. No. 724/2011 2 attention to the judgment in L.A.A. No. 452/2011 and submit that under that judgment, which is rendered in an identical case, this court has refixed the land value at Rs.22 Lakhs per Are. Hence, according to her, there is justification for allowing this appeal in full. 4. The learned Government Pleader does not agree. He submitted that the claim before the Reference Court was only Rs.6 Lakhs per cent, which comes to only Rs.14,82,000/- per cent. According to him , the appellant cannot aspire for more than the value which was claimed by him before the Court below. 5. We find some force in the submissions of the learned Government Pleader. Relying on the judgment in L.A.A. No. 452/2011 and taking into account the circumstance that the appellant's claim before the Reference Court was only Rs.14,82,000/-, we allow this appeal and refix the market value of the land under acquisition at Rs. 14,82,000/- per Are. 6.The appellant/claimant will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act. The parties are directed to suffer their respective L.A.A. No. 724/2011 3 costs. The Section will issue decree copy to the appellant only after ensuring that the Full Court fee payable on the appeal memorandum is remitted. We make it clear that we have not interfered with the cost which was awarded to the appellant by the court below. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A. No. 724/2011 4