IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 LA.App..No. 1192 of 2010() -------------------------- LAR.71/2007 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANTS ----------------------- 1. VARGHESE,S/O.PAPPU,MENACHERRY, VALLUVALLY,KOONAMMAVU.P.O, 2. BEENA,W/O.VARGHESE,MENACHERRY, VALLUVALLY,KOONAMMAVU.P.O. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.SHUBHA ABRAHAM SRI.S.SARATH SMT.N.ASWATHY SRI.AFSANA ASHRAF RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR(LA),NH.NO.3,VYTTILA, ERNAKULAM-682019. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.1192 OF 2010 ------------------------ Dated this the 30th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. The property was in Kottuvally village. The acquisition was for the purpose of widening of NH 17 from Varapuzha to Cheriappilly. The Land Acquisition Officer awarded land value at the rate of Rs.87,576/- per Are. The Reference Court refixed the same at Rs.1,44,500/- per Are. 2. In this appeal, the claim is for enhancement of land value to Rs.2,16,598/- per Are. Sri. Philip T.Varghese learned counsel for the appellants submitted that the appellants are filing an application for limiting the claim in the appeal to Rs.1,62,000/- per Are. 3. Having regard to the submissions addressed and the judgment of this court in L.A.A. No.713/2010, we are of the view that the appeal can be allowed and the market value of the land under acquisition can be refixed at Rs.1,62,000/- per Are. Accordingly, market value of the land is refixed at Rs.1,62,000/- LAA.No.1192/2010 2 per Are. The appellants will be entitled for all statutory benefits admissible under Section 23(2), 23 (1A) and Section 28 of the Act on the enhanced compensation. The parties will suffer their respective costs. Decree copy will be issue only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk