IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 LA.App..No. 514 of 2011() ------------------------------------ LAR.147/2007 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 SRI. C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR ----------------------------------------------------------------------------------------- 1. S.DINESH SIVANANDAN, T.C. 27/2769, "INDGLEDENE", VELLAYAMBALAM, KOWDIAR, THIRUVANANTHAPURAM - 695 001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM - 695 010. R1 BY ADVS. SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.HARISH GOPINATH, SRI.V.VINAY MENON. R2 BY ADV.SRI.K.A.JALEEL, SC., TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.514 OF 2011 ................................................................... Dated this the 24th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The property was in Vanchiyoor village. The acquisition was for widening of LMS – Attakulangara road. The LA Officer awarded land value at the rate of Rs.4,11,665/- per Are. This was enhanced by the reference court at Rs.24,70,000/- per Are. Sri. Syam Kumar - learned senior Government Pleader and Sri. R.S. Kalkura would place reliance on the judgment of this Court in LAA.No.288/2008 and C.O.12/2010. According to Sri. Kalkura, the property was situated just opposite to the Government Secretariat, Trivandrum and considering the passage of one year's time between the two 4(1) notifications, there is every justification for sustain the award impugned. The learned senior Government Pleader further submitted that though there is some justification for granting a little more than Rs.21,60,000/-, we sustain the amount will not just. 2. Having considered the rival submissions addressed L.A.A.NO.514 OF 2011 : 2 : at the bar and keeping in mind the judgment of this Court in LAA.No.288/2008 and C.O.12/2010, we are inclined to allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.24 laths. The claimant will be entitled to all statutory benefits. We make it clear that we have not interfered with the cost awarded by the reference court. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl