IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 LA.App..No. 1276 of 2009(D) -------------------------------- LAR.85/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT -------------------------------- 1. STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR (LA), NH.NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH BRIDGES DIVISION, KODUNGALLUR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ---------------------------------- RAHEEMA, W/O.P.B.M.JALEEL, PANDIKASALA VEEDU, EDAPPALLY (POWER OF ATTORNEY HOLDER OF P.B.M.JALEEL, S/O.BADARUDHEEN, PANDIKASALA VEEDU, EDAPPALLY. ADV. SRI.K.A.MANSOOR ALI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1276 of 2009 ------------------------------------------------ Dated this the 21st day of July, 2010 JUDGMENT Pius C. Kuriakose, J The respondent has refused to receive the notice which was sent to him by this Court. It is declared that he has been duly served. 2. The Government is in appeal. The property was in Edappally North village. The acquisition was pursuant to Section 4(1) notification published on 14/03/02. The Land Acquisition Officer awarded land value at the rate of Rs.1,03,594/- per Are. The Reference Court re- fixed the same at Rs.1,84,163/- per Are. 3. Having taken into account other judgments of this Court pertaining to acquisition L. A. A. No.1276 of 2009 -2- of land in the same village acquired for the same purpose, we are of the view that the enhancement granted by the Reference Court is on the higher side. We allow the appeal to the extent of re- fixing the market value of land at Rs.1,72,109/- per Are. 4. It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation as re-fixed herein. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-