IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 LA.App..No. 729 of 2011() ------------------------- LAR.76/2002 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- S.JAYALEKSHMI, W/O. NEELAMBARAN, T.C.20/98, KARAMANA THIRUVANANTHAPURAM. BY ADV. SMT.P.V.ASHA SMT.SHAMEENA SALAHUDHEEN SMT.VINEETHA B. RESPONDENT(S)RESPONDENTS --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 695001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM 695001 BY GOVT.PLEADER SRI.SHYAM KUMAR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.ANO. 729 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is the appellant. Her property in Thirumala village was acquired for the purpose of construction of road from Karamana - Killipalam Reach II pursuant to Section 4 (1) notification published on 3/8/1998. The LAO awarded land value at the rate of Rs.1,56,831/- per Are, which was enhanced by the Reference Court at Rs.2,50,930/- per Are. In the present appeal, the claim is that the value be refixed at Rs.9 Lakhs per Are. 2. Our attention was drawn by Smt.P.V.Asha learned counsel for the appellant to the judgment of this court in L.A.A. No.2021/2008. Smt.Asha submitted that the distance between the property covered by that judgment and the present property was only 10 meters and therefore there is every justification for awarding to the appellant at least the value of Rs. 6 Lakhs per L.A.A.No. 729 /2011 2 Are which has been awarded to the claimant in L.A.A. No.2021/2008. 3. Sri.C.R.Shyam Kumar learned senior Government Pleader does not agree. According to him, the property in L.A.A. No.2021/2008 was in Thykkad village while the present property was in Thirumala village. The property in Thirumala village can never have the same value of the property in Thykkad village. Smt.Asha in reply highlighted that the distance between two properties was only 10 meters and that even from Karama Bridge the distance to the property under acqusition was 250 meters. 4. Having considered the rival submissions addressed at the Bar, we feel that the appellant is entitled to have the value of her property refixed at Rs.5,80,000/- per Are, relying, to a great extent, on the judgment of this court in L.A.A. No. 2021/2008. We allow this appeal and refix the market value of the land under acquisition at Rs.5,80,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the refixed compensation. However, while decree is drafted the Section will L.A.A.No. 729 /2011 3 have due regard to the conditions imposed by this court in its order dated 22/12/2011 in C.M.Appln. 1668/2011. The cost of this appeal will be borne by both sides. Decree copy will be issued to the appellant only after ensuring that the conditions in the delay condonation order are complied with and the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A.No. 729 /2011 4