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 15TH OCTOBER 2009 / 23RD ASWINA 1931 LA.App..No. 748 of 2003() & C.O.87/2003 ------------------------- LAR.105/1999 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS: ------------------------- RADHAKRISHNAN NAIR, S/O. SREEDHARAN NAIR KOTHAVADATHIL, NJEEZHOOR, VAIKOM. ADV. SRI.P.K.RAVISANKAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, ALONG WITH C.O.87/2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 748 OF 2003 & C.O. No.87 OF 2003 ------------------------ Dated this the 15th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. Having regard to the judgment of this court in L.A.A. No.508/2003, we do not find any warrant for interference with the impugned judgment. It is 60% increase which has been given for the properties in Njeezhoor Village which were acquired for the purpose of Muvattupuzha Valley Irrigation Project. The Cross Objection was filed by the claimant as C.O. No. 87/2003. The only claim is that statutory benefits be given. 2. Under the above circumstances, we dismiss the appeal and allow the Cross Objection. It is made clear that the claimant will be entitled for all statutory benefits under Section 23(2), 23 (1A) and Section 28 of the Act to which he become eligible by virtue of the judgment of the Reference Court and by this court confirming the same. The Cross Objection is allowed. But without any order as to costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk WPC.No. 2 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 748 OF 2003 ------------------------ JUDGMENT 15th October 2009