IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 LA.App..No. 580 of 2011(D) -------------------------- LAR.394/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY SR. GOVERNMENT PLEADER SRI.C.R. SHYAM KUMAR RESPONDENT(S)/CLAIMANTS & R2 IN LAR: --------------- SEETHAMMAL., T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 2. SELVAKUMARI, T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 3. RAJENDRAN,T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 4. SREEKALA, T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 5. SIVAKUMAR, T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 6. SANTHOSH KUMAR, T.C.20/2126, SIVAKUMAR HOUSE, KARAMANA, THIRUVANANATHPAURAM. 7. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SMT.M.HEMALATHA FOR R1 TO R6 SRI.K.A.JALEEL, SC., TRIDA FOR R7 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.580 OF 2011 ................................................................... Dated this the 15th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The Government is in appeal. The property was in Thycaud Village. The acquisition was pursuant to Section 4 (1) notification published on 23.7.1998. The purpose of the acquisition was for widening of road from Karamana - Killippalam Reach III. The L.A. Officer awarded land value at the rate of Rs.1,64,673/- per Are. The reference court refixed the land value under acquisition at Rs.9,88,000/- per Are. In this appeal, grounds are raised assailing what is described as excessiveness of the compensation fixed by the reference court. 2. We have heard the submissions of Sri.C.R. Shyam Kumar, learned Senior Government Pleader, for the appellant and those of Smt. Hemalatha, counsel for the respondents. Our attention was drawn by Sri. Shaym Kumar to the judgment of this Court in LAA.No.328/2009. On going L.A.A.NO.580 OF 2011 : 2 : through the above judgment, we find that the issue raised in this appeal is covered in favour of the Government by that judgment. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.6,10,000/- per Are. However, we make it clear that on the refixed compensation the claimants will be entitled for all statutory benefits admissible under Section 23(2),23(1A) and 28 of the LA. Act. Parties will suffer their respective costs in the appeal. However, we clarify that we are not interfering with the cost awarded by the reference court to the claimants/respondents. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl