IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 LA.App..No. 829 of 2010() ------------------------- LAR.46/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. HRIDAYA KUMARI, AGED 51 YEARS, D/O.SAROJ INI AMMA, SAROJ, VAZHOTTUKONAM, KODUNGANOOR PO, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. SAROJINI AMMA,D/O.JANAKI AMMA, VALIYA VEEDU, KADIYAKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM.REP.BY HER P/A HOLDER, HRIDAYA KUMARI,AGED 51 YEARS, D/O.SAROJNI AMMA, SAROJ, VAZHOTTUKONAM, KODUNGANOOR PO, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH SRI.G.L.MOHANA CHANDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 GOVERNMENT PLEADER. SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 829 of 2010 ``````````````````````````````````````````````````````` Dated this the 16th day of March, 2011 J U D G M E N T Pius C. Kuriakose, J. This appeal pertains to acquisition of land in Peroorkada village. The purpose of the acquisition was expansion programme of composite group and IISU of ISRO for the second respondent. Relevant Section 4(1) notification was published on 10-03-2004. The Land Acquisition Officer awarded land value at `44,370/- per Are. The reference court under the impugned judgment enhanced the land value to `88,740/- per Are. 2. In this appeal, the claim is for refixation of the market value at `3,00,000/- per Are. It is not disputed that the property was included in Category-A. We notice an earlier judgment of this Court in LAA No.411/2010, wherein for identical property, this Court has granted more than what is claimed in this appeal. Hence, we are inclined to allow this LAA No.829/2010 : 2 : appeal in full and refix the land value at `3,00,000/- per Are. 3. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. As regards the interest under Section 28, it is clarified that the same will become admissible from the date of dispossession and not from the date of award. The learned counsel for the appellants submitted that in the judgment of the court below, several mistakes have crept in, regarding the extent actually acquired. 4. As regards extent, we clarify that compensation will be due only for the extent acquired as per the award of the LAO. The appeal is allowed as above. No costs. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (N.K.BALAKRISHNAN, JUDGE) aks // True Copy // P.A. To Judge