IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 LA.App..No. 1156 of 2009(D) --------------------------- LAR.314/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. C.RAVEENDRAN,PONGUVILA VEEDU, KALLUVETTANKUZHI,VIZHINJAM,VENGANOOR, THIRUVANANTHAPURAM. 2. C.SUGANTHI,RESIDING AT DO- DO- BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. SR.GOVERNMENT PLEADER SRI. C.R SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.1156 OF 2009 ................................................................... Dated this the 14th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The claimants are in appeal. Their properties in Venganoor village were acquired pursuant to Section 4(1) notification published on 25.3.2002 for the purpose of widening of road from Kovalam to Mukkola Reach II. The L.A. Officer awarded land value at the rate of Rs.24,752/- per Are. The reference court on evaluating the evidence adduced by the appellants refixed the land value at Rs.37,150/- per Are. Our attention has been drawn by the learned counsel for the appellant to the judgment of this Court in LAA.No.827/2008, under which the value of identical land has been refixed at Rs.60,000/- per Are. 2. Sri. C.R. Shyam Kuamr, learned Senior Government Pleader also fairly conceded that the above judgment covers the issue in favour of the appellants. We fully agree with the above judgment and allow this appeal. The value of the land under acquisition is fixed at Rs.60,000/- per Are. The appellants will be entitled for statutory benefits available L.A.A.NO.1156 OF 2009 : 2 : under Sections 23(2), 23(1A) and 28 of the L.A.Act. However, while decree is drafted and provision is made for interest under Section 28, section will have due regard to the conditions imposed by this Court in the order in C.M.Appln.No.1579/2009. The appeal is allowed. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl