IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 LA.App..No. 1841 of 2002() -------------------------- LAR.14/1997 of SUB COURT, MANJERI .................... APPELLANT(S)/ RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SMT.P.SUMANGALA RESPONDENT(S)/ CLAIMANT ----------------------- ATHIKKAL ABOOBACKER, S/O. AHAMMEDKUTTY HAJI, EDAVANNA. ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 1841 OF 2002 ------------------------ Dated this the 13th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Edavanna village for the purpose of construction of approach road to Edavannakkadavu bridge across Chaliyar river. The relevant Section 4(1) notification was published on 26/5/1993. The Land Acquisition Officer awarded land value at the ate of Rs.15,000/- per cent based on the basis document relied on by him. The court below on guess work refixed the land value at Rs.28,000/-. We do not think that it is a good guess of the market value which has been made by the learned Subordinate Judge. On a better guess, the value can be fixed at 25,000/- per cent. In modification of the judgment and decree under appeal, we refix the market value of the land under acquisition at Rs.25,000/- per cent. The appeal will stand allowed to the above extent. It is needless to mention that the claimant will be entitled for all statutory benefits admissible to him under Section 23(2), 23(A) LAA.No.1841 of 2002 2 and section 28 of the Act on the total enhanced compensation by virtue of our refixation of the compensation under this judgment. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk LAA.No.1841 of 2002 3 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 1841 OF 2002 ------------------------ JUDGMENT 13th October, 2009