IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 1085 of 2008() -------------------------- LAR.211/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: -------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER, SMT. LATHA T THANKAPPAN RESPONDENTS: --------------- 1. THOMAS CLEOPHAS, KALLUVILA VEEDU RC STREET, KADAVATTARAM, NEYYATTINKARA 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30.7.2010 THE COURT ON SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A No. 1085 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010 JUDGMENT Pius C. Kuriakose J., The Government is in appeal. The referred property was in Vanchiyoor Village in Thiruvananthapuram. The acquisition was for the purpose of widening Bakery – Palayam road. Relevant Section 4(1) notification was published on 23.11.2003. The Land Acquisition Officer fixed the value at Rs.3,14,251/- per Are. The Reference Court revised the same at Rs.24,23,828/-. 2. Smt. Latha Thankappan, Sr. Government Pleader submits that the enhancement granted is exorbitant. She draws our attention to the judgment in L.A. No. 467 of 2008 under which for another item of property acquired for the same purpose (but included in an inferior category) this court has revised the value at Rs.16,60,000/-. She points out that the above case pertains to subsequent L.A.A No. 1085 of 2008 2 acquisition. 3. We find merit in the submission of the learned Government Pleader that the judgment in L.A. A. No. 467 of 2008 has some relevance in deciding this case. Considering the above judgment and the special advantage is enjoyed by the property in this case, we are of the view that the market value of the land under acquisition can be revised reasonably at Rs.18,90,000/- per Are. It is accordingly revised. 4. The appeal is allowed as above. Claimants will be entitled for all statutory benefits. However while calculating the interest at 20%, the same will be calculated only with effect from date of dispossession. Parties are directed to suffer their respective cost. PIUS C. KURIAKOSE, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/