IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 LA.App..No. 1142 of 2010() -------------------------- LAR.410/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. SHAJI THOMAS, MANAGING DIRECTOR, MANJANKAL COMMUNICATIONS AND SYSTEMS (PVT) LTD., THIRUVANANTHAPURAM- 695001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A. No.1142 OF 2010 ------------------------ Dated this the 25th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The case pertains to acquisition of land in Vanchiyoor Village for the purpose of widening of LMS – Attakulangara Road pursuant to Section 4(1) notification published on 7/8/2004. Under the impugned judgment, the court below has refixed the land value at Rs.28,00,000/- per Are. As rightly submitted by the learned senior Government Pleader Smt.R.Bindu, the issue is covered in favour of the Government by the judgment of this court in L.A.A. No.2008/2008. Following that judgment, we allow the appeal to the extent of refixing the market value of land under acquisition at Rs.21,60,000/- per Are. The appeal is allowed as above. The claimant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed LAA.No.1142/2010 2 compensation to which he becomes eligible by virtue of this judgment. Parties will suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk