IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 LA.App..No. 217 of 2008() ------------------------------- LAR.3/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI.C.R.SHYAM KUMAR RESPONDENT(S): CLAIMANT: ---------------------------------- SMT. SHEELA, W/O. HAJI BENNET, LEELA SADANAM, MULLUVENGAMOODU, MANNURKONAM P.O., NEDUMANGAD. BY ADV. SRI.SANTHAN V.NAIR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- L.A.A No. No.217 of 2008 -------------------------------------------------- Dated this the 17th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The Government is the appellant. The reference court refixed the market value of the land under acquisition relying on the award of the same court in L.A.R No.220/1999, under which the value was re- fixed at Rs.58,140/- per are. Accordingly, the reference court awarded to the respondent value the rate of Rs.58,140/- per are. We have today by our judgment in L.A.A No.361/2006 interfered with the award in L.A.A No.220/1999 and re-fixed the market value of the land involved in that case Rs.51,300/- per are. Necessarily the award impugned in this appeal has to be interfered with. We allow this appeal and re-fix the market value of the land under acquisition as Rs.51,300/- per are. The appeal is allowed. However without any order as to the costs. The respondent/claimant is entitled to all statutory benefits. PIUS C. KURIAKOSE JUDGE K.HARILAL ab JUDGE