IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 LA.App..No. 1594 of 2008(C) --------------------------------- LAR.71/2004 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): APPELLANT/CLAIMANT ------------------------------------------- KARUNAKARAN, S/O.PARAN, KARUVANPARAMBIL HOUSE, PUZHAKKAL, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENTS ------------------------------------- 1. THE SPECIAL TAHSILDAR, L.A., GENERAL, THRISSUR. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1594 of 2008 ------------------------------------------------ Dated this the 6th day of October, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the claimant who is aggrieved by what is described as the inadequacy of the enhancement granted by the Reference Court. The acquisition was of the land in Ayyanthole village. The relevant Section 4(1) notification was published on 29/07/2000. The Land Acquisition Officer awarded land value at the rate of Rs.3710/- per Are. The Reference Court under the impugned judgment re- fixed the same at Rs.7042.35/- per Are. 2. We have heard the submissions of Sri.Dilip J. Akkara, the learned counsel for the appellant and L. A. A. No.1594 of 2008 -2- those of Smt.Latha T. Thankappan, the learned senior Government Pleader. The learned senior Government Pleader herself informs us that considering L.A.A. 53/07 filed by certain other claimants, this Court has re-fixed the land value at Rs.7,500/- per Are. Following that judgment and in view of the reasons stated by this Court in that judgment, we allow this appeal and re-fix the land value of the lands under acquisition at Rs.7,500/- per Are. 3. The appeal will stand allowed to that extent. it is needless to mention that the appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and section 28 of the Land Acquisition Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. L. A. A. No.1594 of 2008 -3- Parties are directed to suffer their respective costs. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. SURENDRA MOHAN JUDGE kns/- Judgment dated 06/10/2009 in L.A.A. 1594/2008 is reviewed and modified, refixing the value of land at ₹ 8,050/- per cent. It is further provided that the petitioner shall not be entitled to the statutory benefits under section 28 of the Land Acquisition Act on the amount of compensation enhanced consequent to the order in this review petition, for the period of delay that has been condoned as per order in C.M. Appl. No.655 of 2013, vide order dated 26/03/2015 in R.P 622 of 2013 in L.A.A 1594/2008. Sd/- Registrar (Judicial)