IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 914 of 2010() ------------------------- LAR.376/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- MADHUSOODANAN NAIR, S/O.VASUDEVAN NAIR, SREE DHANYA, VAZHOTTUKONAM, KODUNGANOOR P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH SRI.G.L.MOHANA CHANDRAN RESPONDENT(S)RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.L.JOSEPH FRANCIS,JJ. ------------------------ L.A.A.No. 914 OF 2010 ------------------------ Dated this the 30th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. On this appeal coming up for admission Smt.Latha T.Thankappan, learned senior Government Pleader takes notice on behalf of the State. We have heard Sri.Dinesh M. learned counsel for the appellant and Smt.Latha T.Thankappan learned Government Pleader. 3. This appeal by the claimant pertains to acquisition of land in Peroorkada village pursuant to Section 4(1) notification published on 10/3/2004 for the purpose of setting up of expansion programme of composite group and IISU of ISRO. The properties were dry lands. The Land Acquisition Officer has awarded land value at the rate of Rs.44,370/- per Are. The Reference Court on evaluating the evidence which came on record enhanced the land value to Rs.88740/- per Are. 3. In this appeal, the appellant is claiming refixation of market value of land under acquisition by Rs.1,85,250/- per Are. It is very fairly brought to our notice by Smt.Latha LAA.No.914/2010 2 T.Thankappan that for properties, which are some what similar, this Court has even awarded higher value than what is claimed in this appeal. Our attention is drawn to the judgment of this Court in LA.A. 411/2001. 4. Under the above circumstances, we are of the view that the appeal can be allowed in full. The appeal is allowed and we refix the market value of the land at Rs.1,85,250/- per Are. Cost will follow the event. The appellant/claimant will also be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE M.L.JOSEPH FRANCIS, JUDGE dpk