IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 LA.App..No. 395 of 2011(U) -------------------------------------- [LAR.NO.163/2007 OF II ADDL.SUB COURT,THIRUVANANTHAPURAM] .................... APPELLANT/IST RESPONDENT IN L.A.R: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM - 695 001. BY SR. GOVERNMENT PLEADER SRI. C.R. SHYAM KUMAR. RESPONDENTS/CLAIMANT & RESPONDENT NO.2 IN LAR: ----------------------------------------------------------------------------------- 1. ARUN,'SANTHI',T.C.25/2930,DHARMA DESAM LANE,MATTOOR ROAD,THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY,TRIDA,THIRUVANANTHAPURAM, PIN-695 010. R1 BY ADV. SRI.S.D.ASOKAN, R2 BY SRI.M.RAJAGOPALAN NAIR, S.C, TRIDA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.395 OF 2011 ................................................................... Dated this the 21st day of November, 2011. JUDGMENT Pius C. Kuriakose, J. Having considered the submissions addressed at the bar by Sri. Shyam Kumar, learned senior Government Pleader and Sri.S.D. Asokan, learned counsel for the claimant/respondent, we are of the view that the issue raised by the Government in this appeal is covered to a certain extent in favour of the Government by a judgment of this Court in LAA.No.263/2009 and other connected cases. The property was in Vanchiyoor village and the acquisition was for the purpose of widening of a road from LMS to Attakulangara. The LA.Officer awarded land value at the rate of Rs.4,11,665/- per Are. The reference court refixed the land value at Rs.24,70,000/- per Are. 2. We find that by the common judgment in LAA.No.263/09 and connected cases this Court has reduced the value of identical properties acquired for the same purpose pursuant to the same notification to Rs.21,60,000/- per Are corresponding to Rs.8,74,140/- per cent. L.A.A.NO.395 OF 2011 : 2 : 3. Accordingly, we allow the appeal by modifying the award of the reference court refixing the land value at Rs.21,60,000/- per Are corresponding to Rs.8,74,140/- per cent. Parties are directed to suffer their respective costs. The claimant will be entitled to interest under Sections 23 (2),23(1A) and 28. Before decree is prepared, it is open to the claimant/respondent to produce before the decree section records which would show which was the correct 4(1) notification date. The decree will be prepared on the basis of such records, so that statutory benefits under Section 23(1A) is awarded correctly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl