IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 LA.App..No. 383 of 2011() ------------------------- LAR.20/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- 1. S.RAMESH, S/O.SANKARAN NAIR, VALIAYA VEEDU, KADIYAKONAM, VATTIYOORKAVU P.O., TRIVANDRUM-13 2. SURESH, S/O.SANKARAN NAIR, VALIAYA VEEDU, KADIYAKONAM, VATTIYOORKAVU P.O., TRIVANDRUM-13 3. GEETHA K VALIAYA VEEDU, KADIYAKONAM, VATTIYOORKAVU P.O., TRIVANDRUM-13 BY ADV. SRI.S.KRISHNAKUMAR SMT.K.V.JAYANTHI RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY ITS 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 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 383 OF 2011 ------------------------ Dated this the 18th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. The properties under acquisition were in Peroorkada Village. The acquisition was for the purpose of expansion programme of composite group & IISU of ISRO, Thiruvananthapuram. The relevant Section 4(1) notification was published on 17/11/2004. The Land Acquisition Officer included the property in category "F" and awarded land value at Rs.19,914/- per Are. The Reference Court under the impugned judgment has refixed the land value at Rs.62,740/- per Are. 2. As directed by us, the learned Government Pleader as well as the Assistant Solicitor General has taken notice on behalf of respondents 1 and 2 respectively. Our attention is drawn by Sri.S.Krishnakumar learned counsel for the appellants to our own judgment in L.A.A. No.273/2010. Mr.Krishnakumar submitted L.A.A.No.383/2011 2 that the above judgment pertains to refixation of land value by this court in respect of acquisition of properties included in category "E". The learned counsel requested that proportionate increase be given and the market value be refixed at Rs.2,24,430/- per Are. The learned counsel submitted that in L.A.A. No.273/2010, we have enhanced the land value by 1027/- per cent over what was awarded by the Land Acquisition Officer. 3. Having considered the above submissions and the submissions and reply addressed by the learned Government Pleader and the Assistant Solicitor General, we feel that there is no justification for granting the same rate of enhancement to the properties in category "F" which was inferior to the properties in A to E categories. We feel that the rate of enhancement can be limited to 1,000/- per cent. This means that the market value of the land under acquisition will stand refixed at Rs.2,19,054/-. per Are. It is accordingly refixed. The appellant will be entitled for all statutory benefits on the total refixed compensation. The appeal will stand allowed, however without any order as to costs. The Registry will issue decree copy only after ensuring that the full court fee payable on the appeal L.A.A.No.383/2011 3 memorandum is paid. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk The figure “ Rs.2,19,054/-” occurring in the 3rd sentence of paragraph 3 of the judgment dated 18/07/2011 in L.A.A. No.383/2011 is corrected and substituted as ` 1,99,140/- (Rupees one lakh ninety nine thousand one hundred and forty only), vide order dated 31/10/2012 in I.A. No.725/2012. Registrar (Judicial)