IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 LA.App..No. 331 of 2011() ------------------------- LAR.70/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- WILLIAM FERNANDEZ, S/O.LEON FERNANDEZ, T.C. 34/1395-1, VISWAJ, VALIATHOPE, VALLAKKADAVU, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. TRIDA REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.C.R.SHYAM KUMAR FOR R1 ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No.331 of 2011 -------------------------------------------------- Dated this the 7th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J Mr.J.Harikumar, the learned counsel for the appellant submits that the issue raised in this appeal is covered in favour of the claimants by a common judgment of this Court in L.A.A No.2413/2008 and other connected appeals. The property was in Pettah village. The acquisition was for the purpose of widening of Bakery-Palayam-Airport Road. Section 4(1) notification was published on 23.11.2003. The reference court upheld the contention of the appellant that his property was eligible to be included in to A category and granted him enhancement on the basis that the property is to be included in the A category. Thus the market value has re-fixed at Rs.1,75,000/- per Are. We find that under the common judgment we have already referred to the value of identical lands has been re-fixed at the rate of Rs.14,00,000/- per Are. Following that judgment we allow this appeal and re-fix the land value at the rate of Rs.14,00,000/- per Are. The appellant will be entitled for all statutory benefits L.A.A No.331 of 2011 2 admissible under Section 23(ii), 23(1)(a) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective cost. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab