IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 LA.App..No. 42 of 2011(A) ----------------------------- LAR.72/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT IN LAR ---------------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (L.A.), ICTT, VALLARPADAM, ELOOR. BY GOVERNMENT PLEADER SMT. T.T.JOSEPHINA RESPONDENT(S): CLAIMANT & R2 IN LAR ----------------------------------------------- 1. SMT. RUGMINI AMMA, D/O. GOVINDA MENON, KALARIKKAL, CHERANELLOOR-682 034. 2. THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND, PIN-682 003. ADV. SRI.A.BALAGOPALAN FOR R1 SRI.C.MURALI FOR R1 SRI.M.S.IMTHIYAZ AHAMMED FOR R1 SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 42 OF 2011 = = = = = = = = = = = = = = = = Dated this the 9th day of March, 2011. J U D G M E N T Pius C. Kuriakose, J. The main ground raised in this appeal by the Government pertains to acquisition of land in Cheranellur village for the purpose of 4 line Road connectivity to ICTT, appeals to us. The Reference Court relied on the value reflected in a document of negotiated sale by the owner to the Government adopting DLPC rates. The ground raised by the Government is that awarding the same rate as reflected in the document will not be justified, as DLPC rates are always fixed taking into account the statutory components. Hence we allow the appeal. We reduce the market value of the land under acquisition to L.A.A. NO. 42 OF 2011 -:2:- Rs.2,44,300/- per Are. But we make it clear that on the compensation refixed as above the claimant/ respondent will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and S.28 of Land Acquisition Act on the refixed compensation to which the appellant becomes eligible. The parties shall suffer their respective costs. PIUS C. KURIAKOSE,JUDGE. N.K. BALAKRISHNAN,JUDGE. ul/- The figure “Rs.2,44,300/-” occurring in the 1st line of page 2 of the judgment in L.A.A. 42/2011 dated 09/03/2011 is corrected and substituted as “Rs.5,30,000/-” vide order dated 12/04/2011.” Sd/- Registrar(Judicial)