IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 1186 of 2007(B) -------------------------------- LAR.451/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT(S)/RESPONDENT: --------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANTS: --------------------------------- 1. RAMAKRISHNAN NAIR (DIED),ASHOK VIHAR, KANDALLOOR,KAYAMKULAM. 2. SANTHAKUMAR,ASHOK VIHAR,KANDALLOOR, KAYAMKULAM. 3. ASHOK,ASHOK VIHAR,KANDALLOOR KAYAMKULAM. 4. BEENA K.S,ASHOK VIHAR,KANDALLOOR, KAYAMKULAM. 5. BINDU S,ASHOK VIHAR,KANDALLOOR, KAYAMKULAM. ADV. SRI.P.NEELAKANTA PILLAI (HARIPAD) FOR R1 TO 4 SRI.MARTIN G.THOTTAN FOR R1 TO 4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009 A/W L.A.A.1311/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. Nos.1186 & 1311 of 2007 ------------------------------------------------ Dated this the 21st day of October, 2009 JUDGMENT Pius C. Kuriakose, J Both these appeals are preferred by the Government against the award passed by the Land Acquisition Reference Court, namely the Subordinate Judge's Court, Mavelikkara pertaining to acquisition of land for the construction of Haripad-Veeyapuram road. The Land Acquisition Officer awarded land value at the rate of Rs.9606/- per Are. The Reference Court in the first instance re-fixed the land value at Rs.21488/- per Are. Later, on considering the application for review filed by some of the claimants, the land value was again re-fixed at Rs.25,132/- per Are. L. A. A. Nos.1186 & 1311 of 2007 -2- 2. Sri.Basant Balaji, the learned senior Government Pleader submits that in a majority of cases where the Land Acquisition Officer awarded land value at the rate of Rs.9606/- per Are, this Court approved enhancement at the rate of Rs.18404/- per Are. He mentioned the instance of L.A.R.34/07. No reason is seen stated in the impugned judgment as to why further increase is given to the claimants in these cases. The submissions of the learned Government Pleader are not resisted on behalf of the claimants. Under these circumstances, we accept the submission of the learned senior Government Pleader and allow the appeal to the extent of re-fixing the value of the lands under acquisition at Rs.18404/- per Are. 3. These appeals are accordingly allowed to the above extent. It is needless to mention that the L. A. A. Nos.1186 & 1311 of 2007 -3- claimants are entitled to all statutory benefits. Parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/- Judgment in L.A.A. Nos.1186/07 and 1311/07 dated 21/10/2009 is recalled vide order dated 14/01/2011 in R.P. Nos.956/10 & 1144/10 in L.A.A. Nos.1186/07 and 1311/07 respectively. Sd/- Registrar (Judicial)