IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 LA.App..No. 607 of 2011() ------------------------- LAR.487/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. AFSAL MUSALIAR, MAISON ARMITAGE, MUSALIAR NAGAR, KILIKOLLOOR, KOLLAM. 2. K.M.MUHAMMED SIRAJUDEEN, MAISON ARMITAGE, MUSALIAR NAGAR, KILIKOLLOOR, KOLLAM, REPRESENTED BY AFSAL MUSALIAR, POWER OF ATTORNEY HOLDER. 3. M.BIJU AHAMMED MOOPPAN, MAISON ARMITAGE, MUSALIAR NAGAR, KOLLAM, REPRESENTED BY AFSAL MUSALIAR, POWER OF ATTORNEY HOLDER. BY ADV. SRI.A.ABDUL KHARIM RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN 695001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM, PIN 695001. BY GOVT.PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 607 OF 2011 ------------------------ Dated this the 21st day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Sri.C.R.Shyamkumar learned senior Government Pleader has taken notice on behalf of the respondents and we have heard the submissions of Sri.M.Sreekumar learned counsel for the appellants and those of Sri.Shyamkumar. 2. This appeal is preferred by the claimants. Their property was in Kowdiar Village. The acquisition was for the development of Pattom - Kowdiar road and the relevant Section 4 (1) notification was published on 16/9/2004. The Land Acquisition Officer awarded land value at the rate of Rs.1,60,056/- per Are. The Reference Court on evaluating the evidence, which was adduced by the parties, would refix the land value at Rs. 2,25,000/- per Are. Our attention was drawn by Mr.Sreekumar to our own judgment in L.A.A. No.535/2011 and it L.A.A..No.607/2011 2 was submitted by him that, as land value has been refixed for identical lands at Rs.22 Lakhs per Are under that judgment, this appeal be allowed and land value be refixed at Rs. 22 Lakhs per Are. 3. Mr.Shyamkumar learned Government Pleader would agree that it has been held in the aforementioned judgment of this court that the value of identical land is Rs.22 Lakhs per Are. According to him, in the present appeal the appellants cannot be granted so much of rate as their claim before the Reference Court and the Land Acquisition Officer was only for Rs. 8 Lakhs per cent. 3. Having considered the rival submissions, we are of the view that in view of the judgment in L.A.A. No.535/2011 and taking into account the fact that the appellants' claim was only for Rs. 8 Lakhs per cent, the appellants cannot aspire for more value than Rs.19,76,800/- per Are. Accordingly, we allow the appeal and refix the value of land under acquisition at Rs.19,76,800/- per Are. The appellants will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the L.A.A..No.607/2011 3 Act on the total refixed compensation. Parties are directed to suffer their respective costs. The Section will issue decree copy to the appellants only after ensuring that the full court fee of Rs.97,150/- is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk