IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 LA.App..No. 1202 of 2007() ------------------------------------ LAR.452/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER MR.V.T.K.MOHANAN RESPONDENT(S): CLAIMANTS ------------------------ 1. RAGHAVAN NAIR(DIED), RAJAMANGALAM, PILAPPUZHA, HARIPAD. 2. RAJAMMA, RAJAMANGALAM, PILAPPUZHA, HARIPAD. 3. ANANDAN NAIR, RAJAMANGALAM, PILAPPUZHA, HARIPAD. 4. SREEKUMARAN NAIR, RAJAMANGALAM, PILAPPUZHA, HARIPAD. 5. PRABHAKARAN NAIR, RAJAMANGALAM, PILAPPUZHA, HARIPAD. 6. RADHAKRISHNAN NAIR, RAJAMANGALAM, PILAPPUZHA, HARIPAD. 7. GOPAKUMAR, RAJAMANGALAM, PILAPPUZHA, HARIPAD. R2 BY ADVS.MR.M.R.SUDHEENDRAN, MR.M.R.HARIRAJ. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.3015/2007 IN LAA. NO.1202/2007 DISMISSED 29/10/2009 SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1202 of 2007 ------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Pius C.Kuriakose,J. This appeal by the Government pertains to acquisition of land for the purpose of Harippad-Veeyapuram road. Relevant section 4(1) notification was published on 7.2.1991. The L.A.Officer awarded land value at the rate of Rs.9600/- per Are for the land and awarded compensation for the building which existed in the property at Rs.59,352/-. Under the impugned judgment, on the basis of Exts.A1 to A4 and testimonies of AW1, the court below has re-fixed the land value at Rs.31,122/- per Are. The court below also awarded additional amount of Rs.40309/- towards value of the building. 2. Our attention is drawn by Sri.V.T.K.Mohanan to our judgments in LAA Nos.34 of 2007 and 11 of 2007. Both appeals pertain to acquisition of same purpose and same notification. Parties in those appeals were also awarded land value at Rs.9606/- per Are. Under the LAA No.1202/2007 2 judgments in those appeals, we have approved re-fixation of land value at Rs.18,404/- per Are. Following the decisions we have taken in this appeal we modify the impugned judgment and decree and re-fix the land value at Rs.18,404/- per Are. The appeal stands allowed to the above extent. The additional compensation awarded towards value of the building is approved. It is made clear that for the total enhanced compensation to which the claimant become eligible by virtue of the judgments in these appeals, the claimant will be entitled for all statutory benefits under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/ LAA No.1202/2007 3