IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 LA.App..No. 537 of 2011(D) ------------------------------- LAR.373/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELANTS/CLAIMANTS NO.3 -------------------------------------------------- D.PREMACHANDRAN NAIR , TC.NO.26/562, ASWATHI, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECLTOR, THIRUVANANTHAPURAM, PIN-695 004. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-PIN-695 001. GOVT. PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.537 of 2011 ------------------------------------------------ Dated this the 28th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The 3rd claimant is the appellant and the case pertains to acquisition of land in Vanchiyoor village of Thiruvananthapuram Taluk for the purpose of widening of Vanross - Oottukuzhy - Secretariat road for TRIDA. It is not disputed at the Bar that the issue raised in this appeal is almost covered in favour of the claimants by judgment of this Court in L.A.A No.387/11. Under that judgment the market value of identical land acquired for the same purpose in the same village has been re-fixed at ` 17 lakhs per Are. We allow this appeal and re-fix the market value of the land under acquisition at ` 17 lakhs per Are. The appellant will also be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted and L. A. A. No.537 of 2011 -2- provision is made for interest under Section 28, Section will have due regard to the conditions imposed by this Court in C.M.Application No.1205/11 for condonation of delay. The appeal is allowed, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-