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. 474 of 2011() ------------------------------- LAR.111/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR -------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM BY SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL SR. GOVT. PLEADER SRI. C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 IN LAR --------------------------------------------------------------------- 1. ANANTHA SUBRAHMONY, T.C. 29/1237, LEKSHMI, SREEKANTESWARAM, THIRUVANANTHAPURAM - 695 102. 2. RANGANATHAN & SESHACHALAM, T.C. 28/2447, OMKAR LODGE, M.G.ROAD, THIRUVANANTHAPURAM - 695 102. 3. MOHAMMED, MAHEEN, T.C. 46/512, JUMA COTTAGE, PALLISTREET, POONTHURA, THIRUVANANTHAPURAM - 695 026. 4. THE SECRETARY, THIRUVANANTHAPURAM (TRIDA) DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM 695 001. R4 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.474 OF 2011 ................................................................... Dated this the 21st day of November, 2011. JUDGMENT Pius C. Kuriakose, J. Even though the claimants/respondents have been served with notice, none of them have chosen to enter appearance before this Court. 2. The case pertains to acquisition of land in Vanchiyoor village pursuant to Section 4(1) notification published on 31.5.2006 for the purpose of widening LMS - Attakulangara road. The Land Acquisition Officer awarded land value at the rate of Rs.4,11,655/- per Are which was enhanced by the reference court under the impugned award at Rs.24,70,000/- per Are. 3. Sri. Shyam Kumar learned Senior Government Pleader draws our attention to a judgment of this Court in LAA.No.263/2009 and connected cases and submitted that under that judgment this Court has refixed the value of identical lands at Rs.21,60,000/-. Sri. Shyam Kumar fairly brings to our notice that there is justification in this case L.A.A.NO.474 OF 2011 : 2 : granting a little more amount as nine months have passed after the Section 4(1) notification in that case. Having considered the submissions of learned senior Government Pleader and judgment of this Court in LAA.No.263/2009 and connected cases, we are inclined to allow the appeal to a certain extent. The appeal is allowed and we refix the land under acquisition at Rs.23,22,000/- per Are. The claimants will be entitled to all statutory benefits available under Section 23(2),23(1A) and 28. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl