IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 LA.App..No.4 of 2009 (A) ---------------------------- LAR.114/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD, NH DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER RESPONDENT(S): CLAIMANTS --------------------------------- 1. JAYASREE SUDHAKAR, KIZHAKKEVILA PUTHENVEEDU, MANNANTHALA, THIRUVANANTHAPURAM. 2. SHYAMALA DEVI, KIZHAKKEVILA PUTHENVEEDU, MANNANTHALA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.4 of 2009 ------------------------------------------------ Dated this the 15th day of March, 2011 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Government. The property was in Ulloor village. Acquisition was for the purpose of widening of road from Kesavadasapuram to Mannanthala Reach 1 pursuant to Section 4(1) notification published on 30/03/98. The Land Acquisition Officer awarded land value at the rate of Rs.1,28,562/- per Are. The Reference Court relying on Ext.A1 re-fixed the land value at Rs.2,50,000/- per Are. Ext.A1 has attained finality. 2. The only ground which is urged by Smt.Josephina, the learned Government Pleader seriously is that Ext.A1 property was superior to the acquired property at least slightly. We find some merit in the above submission. L. A. A. No.4 of 2009 -2- According to us, the claimants can be given only a value in proportion to the value given to the party under Ext.A1. In that way, we allow the appeal to the extent of re-fixing the market value of the land at Rs.2,28,000/-. The claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. 3. It is declared under Rule 51(2) of the Kerala High Court Rules that service of notice on the respondents is completed. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.4 of 2009 -3-