IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 LA.App..No. 811 of 2010(C) ------------------------------- LAR.21/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: ----------------------------- KUMARAN NAIR, S/O GOPALA PILLAI, KUMAR HOUSE, VILAYANIKONAM, MANNARAKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN SRI.P.PARAMESWARAN NAIR, ASST. S.G. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011, ALONG WITH LAA NO.812 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ L. A. A. Nos.811 & 812 of 2010 ------------------------------------------------ Dated this the 28th day of March, 2011 JUDGMENT Pius C. Kuriakose, J These appeals are preferred by the claimants whose properties in Peroorkkada village were acquired for the expansion programme of ISRO. The acquisition was pursuant to Section 4 (1) notification published on 22/04/04. The Land Acquisition Officer included the properties in category-C and awarded land value at the rate of Rs.20,687/- per Are. The Reference Court on evaluating the evidence adduced by the parties re-fixed the land value at Rs.33,100/- only. 2. Sri.G.Ram Mohan, the learned counsel for the appellant drew our attention to the judgment of this Court in L.A.A.273/10. He has placed before us a copy of that judgment. Having gone through that judgment, we find that the issue raised in these appeals is covered completely in favour of the appellants under L. A. A. Nos.811 & 812 of 2010 -2- that judgment. Relying on that judgment, we allow these appeals to the extent of re-fixing the market value of the land under acquisition at Rs.2,33,145/- per Are. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. As regards the interest under Section 28, it is clarified that the same will become payable from the date of dispossession i.e. 12/01/06 and not from the date of award. 3. The appeals are allowed, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kns/- L. A. A. Nos.811 & 812 of 2010 -3-