IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 LA.App..No. 708 of 2011() ------------------------- LAR.417/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- KRISHNAKUMAR, VALIYATHARAYIL, NADACKAVU, KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA) RAILWAYS, KAYAMKULAM-690502. 2. SOUTHERN RAILWAY, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, PIN-695001. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 BY GOVT.PLEADER SRI.C.R..SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A. NO. 708 OF 2011 ------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this appeal filed by the claimant coming up for admission, notice was taken for the requisitioning authority by Sri.M.C.Cherian learned Standing Counsel for the Railways and for the Government by Sri.C.R.Shyam Kumar learned senior Government Pleader. 2. Having considered the submissions addressed before us by Sri. George Varaghese Perumpallikuttiyil learned counsel for the appellant/claimant the learned Standing Counsel for the Railways and the learned senior Government Pleader and having taken into account the judgment of this court in L.A.A. No.165/2011 to which one of us (PCK(J) was a party), we are of the view that the issue raised in this appeal is decided to a certain extent in favour of the appellant by the above judgment. 2. For the reasons stated in that judgment, we allow this appeal and refix the market value of the land under acquisition at LAA No. 708 /2011 2 Rs.13500/- per Are. 3. The claimant will be entitled for enhanced compensation on the above basis. On the enhanced compensation the claimant will be entitled for statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act. This will, however, be subject to the conditions imposed by this court in its order in C.M.Appln. No.1630/2011 dated 19/12/2011. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted and the conditions imposed in the order in C.M.A. No. 1630/2011 are complied with. While decree is drafted, the Section will have due regard to the conditions imposed by the court below in the impugned judgment regarding the eligibility of the claimant for interest under Section 28. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk LAA No. 708 /2011 3