IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 LA.App..No. 365 of 2011() ------------------------- LAR.18/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. PARAMESWARAN NAIR, S/O.GOPALA PILLAI, VIJAYA BHAVAN, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. KRISHNA KUMARI, D/O.VIJAYAMMA, VIJAYA BHAVAN, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 365 OF 2011 ------------------------ Dated this the 22nd day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are the appellants. Their property in Peroorkada village was acquired pursuant to Section 4(1) notification published on 17/11/2004 for expansion programme of composite group & IISU of ISRO. The Land Acquisition Officer awarded land value at the rate of Rs.17,923/- per Are. The Reference Court on evaluating the evidence, which was adduced by the parties, refixed the land value at Rs.58740/- per Are. In this appeal, the appellants contend that the rate fixed by the Reference Court is grossly inadequate. 2. Having heard the submissions of Sri.S.Rajasekharan Nair, learned counsel for the appellants and the learned Assistant Solicitor General Sri.P.Parameshwaran Nair and also those of learned Government Pleader Sri.V.T.K.Mohanan, we feel that the issue is covered to a considerable extent by the judgments of this court in L.A.A.Nos. 411/2010, 355/2010 and 1136/2010 and LAA.No.365/2011 2 many other cases. Relying on the judgment in those connected cases, we refix the market value of the land under acquisition, which is included in category G, at Rs.1,97,153/- per Are. The appellants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act. However, while interest is calculated under Section 28, the period of 47 days of which the appeal was delayed may be excluded . The appeal will stand allowed, however without any order as to costs. The decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk