IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 LA.App..No. 459 of 2011 (D) -------------------------------- LAR.232/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANTS/RESPONDENTS. -------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S)/CLAIMANTS: ---------------------------------- 1. T.R.SADASIVAN, EXECUTIVE DIRECTOR, RAJAN PILLAI FOUNDATION,NNC ESTATE, VADAKKEVILA P.O., KOLLAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI.B.VISWANATHA PILLAI, S/O.LATE BALAKRISHNA PILLAI, VADAKKEVILA P.O., KOLLAM-691 010. 2. OFFICIAL RECEIVER, DISTRICT COURT, THIRUVANANTHAPURAM-695 001. ADV. SRI.M.R.ANANDAKUTTAN FOR R1 SMT.M.A.ZOHRA FOR R1 SRI.R.S.MADHU FOR R1 SRI.MAHESH ANANDAKUTTAN FOR R1 SMT.S.MUMTAZ FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.459 of 2011 ------------------------------------------------ Dated this the 2nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the State pertains to acquisition of land in Vanchiyoor village for the purpose of widening of LMS - Attakulangara Road pursuant to Section 4(1) notification published on 06/08/05. Under the impugned award the Reference Court has re-fixed the land value at ` 24,70,000/- per Are. Our attention is drawn by the learned senior Government Pleader Sri.C.R.Shyamkumar to our own judgment in L.A.A.2008/08, Cross Objection No.12/10 and also to the judgment of this Court in L.A.A Nos.462/10 and 319/11. On the basis of those judgments, the learned senior Government Pleader submitted that the market value be re-fixed to ` 21,60,000/- per Are. 2. Smt.M.A.Zohra, the learned counsel for the claimant does not agree. According to her, there is a difference of more than one year between the Section 4(1) notifications in the two cases. The notification in the present case is the subsequent one. We find L. A. A. No.459 of 2011 -2- some force in the submission of Smt.Zohra. However, we feel that even if some increase is granted for the passage of time then also the market value of the land under acquisition will have to be re- fixed. Following the reasons stated in the common judgment in L.A.A.2008/08 and Cross Objections we re-fix the value of the land under acquisition at ` 23,76,000/- per Are. We have added 10% for the passage of time between the two Section 4(1) notifications. The appeal is allowed to the above extent only. Needless to say that the claimant/respondent will be entitled for all statutory benefits admissible under Sections on the re-fixed compensation. Parties are however, directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.459 of 2011 -3-