IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 956 of 2010(D) -------------------------- LAR.38/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO. 1 IN LAR ------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS AND RESPONDENT NO.2 IN LAR --------------------------------------------------- 1. SUNITHA SHILOS, SANTHIVILASOM VEEDU, RAILWAY BRIDGE, CHAKKAI, ANAYARA P.O., THIRUVANANTHAPURAM. 2. D.VINU RAJ, RAJAMALLY HOUSE, KOZHIYOTTU LANE, PALKULANGARA, PETTAH, THIRUVANANTHAPURAM. 3. R.RAMESH KUMAR, T.C.50/95(3), MAHATMA ROAD, KALADI, SOUTH KARAMANA. 4. B.MOHAN KUMAR, T.C.48/1087(1), SUN FLOWER HOUSE, VIKAS NAGAR, AMBALATHARA, THIRUVANANTHAPURAM. 5. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.D.AJITHKUMAR FOR R1-4 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R5 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 956 OF 2010 ------------------------ Dated this the 14th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Pettah village for the purpose of widening of Palayam – Airport Road for TRIDA pursuant to Section 4(1) notification published on 23/11/2003. The Land Acquisition Officer awarded land value at the rate of Rs.2,16,886/- per Are. The Reference Court enhanced the value to Rs.16,54,307/- per Are. The judgment of this court in L.A.A. No.1973/2008 is brought to our notice by both sides. It is seen from that judgment that the value of identical lands has been refixed by this court at Rs.14 Lakhs per Are. Relying on that judgment, we allow this appeal to the extent of refixing the market value of land under acquisition at Rs.14 Lakhs per Are. The parties will suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk