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 DAY OF DECEMBER 2011/2ND POUSHA 1933 LAA.No. 759 of 2011 ------------------ LAR.497/2008 of II ADDL.SUB COURT,TRIVANDRUM ------------------ APPELLANT(S)/CLAIMANT ------------------------ 1 G.USHADEVI, TC.40/740, USHUS, SOUTH FORT THIRUVANANTHAPURAM. BY ADV.SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S)/RESPONDENTS ------------------------------- 1 STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.-695001 2 THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.-695001 SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR 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. A. No.759 of 2011 ------------------------------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C. Kuriakose, J The clamant is in appeal. Her property in Muttathara village was acquired for the purpose of widening of Eanchakkal-Sreevaraham-Attakulangara public road pursuant to Section 4(1) notification published on 30/10/04. The Land Acquisition Officer awarded land value at the rate of ` 2,47,000/- per Are and that was enhanced by the Reference Court to ` 3,21,100/- per Are. In this appeal the claim is for land value at the rate of ` 17 lakhs per Are. 2. Having considered the submissions of Sri.G.Ram Mohan, the learned counsel for the appellant and those of Sri.C.R.Shyamkumar, the learned senior Government Pleader, we find that the issue raised in this appeal is covered in favour of the appellant to a great extent by judgment of this Court in L.A.A.1196/10. Following that L. A. A. No.759 of 2011 -2- judgment, we allow this appeal and re-fix the market value of the land under acquisition at ` 17 lakhs per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE