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. 760 of 2011() ------------------------- (LAR NO.153/2009 OF THE 1ST ADDL. SUB JUDGE, THIRUVANANTHAPURAM) APPELLANTS/CLAIMANT): -------------- C.VIKRAMAN NAIR, CHANDRAMANGALAM B1, PANICKERS LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S)/RESPONDENT: --------------- .STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2011, ALONG WITH L.A.A. NO.745/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A. NOs. 745 & 760 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are the appellants. Their properties in Sasthamangalam village was acquired pursuant to Section 4(1) notification published on 3/2/2005 for the purpose of widening of Students Centre LMS-Vellayambalam - Sasthamangalam Public Road. The LAO awarded land value at the rate of Rs.3,37,155/- per Are. The Reference Court under the impugned judgment would refix the land value at Rs.4,21,443.75 per Are. 2. In these appeals it is urged that the rate fixed by the Reference Court is grossly inadequate. The claim in this appeal is for refixation of land value at Rs.18 Lakhs per Are. The main submission, which was addressed before us by Sri.G. Ram Mohan learned counsel for the appellants was that the issue is covered in favour of the appellants by the judgments of this court L.A.A No. 760 /2011 & other 2 in L.A.A. Nos.638/2010 and 1096/2010. The copies of those two judgments were placed before us by the learned counsel. 3. C.R.Shyam Kumar learned senior Government Pleader submitted that it is true that the above judgments have attained finality. But, according to him, the comparability of the properties covered by those two judgments and the present properties is to be determined. He requested that ideally this court may pass remand order. 4. Having considered the rival submissions addressed at the Bar, we feel that remanding the matter back to the Reference court will be prejudicial to the interest of the Government itself. As the judgments referred to by Mr.Ram Mohan have attained finality, we are of the view that the issue can be decided by us finally. 5. Following those two judgments, we allow these appeals and refix the land value at Rs.18 Lakhs per Are. The appellants will be entitled for statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. The parties are directed to suffer their respective cost. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on L.A.A No. 760 /2011 & other 3 the appeal memorndum is remitted. In the case of L.A.A. No.745/2011, while decree is drafted, the section will exclude the period of 43 days, by which the filing of the appeal was delayed , from reckoning for the purpose of Section 28. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A No. 760 /2011 & other 4