IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 LA.App..No. 2338 of 2008(D) --------------------------- LAR.211/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- M.RAVINDRAN, SUGANDHI NIVAS, AZHAKULAM, VIZHINJAM P.O.,THIRUVANANTHAPURAM (NOW RESIDING AT SUGANDHI NIVAS, VADAKKEVILA NEDUMOM, KOVALAM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER N.H.DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.2338 of 2008 ---------------------------------- Dated this the 19th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. This appeal by the claimant pertains to acquisition of land in Venganoor Village for the purpose of widening of road from Kovalam to Mukkola Reach I. Relevant Section 4(1) notification was published on 25.3.2002. Land Acquisition Officer awarded land value at the rate of Rs.40,623/- per Are. Reference court under the impugned judgment re-fixed the land value at Rs.70,000/- per Are. Eventhough several grounds have been raised in the appeal the one ground which Smt. Ligey Antony, learned counsel for the appellant urged mostly is ground No.2. She submitted that this court as per judgment in LAA.No.824/2009 approved the re-fixation of market value for all identical properties acquired for the same purpose pursuant to same notification at Rs.80,000/- per Are. Learned Government Pleaders are not in a position to dispute the above submission. We accept Smt.Ligey Antony's submission and L.A.A.2338/08-D 2 allow the appeal to the extent re-fixing the market value of the land under acquisition at Rs.80,000/- per Are. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act on the further enhanced compensation of Rs.10,000/- per Are to which the appellant becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb