IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 LA.App..No. 2117 of 2008(D) --------------------------------- LAR.106/2003 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANT ------------------------------- MANIYIAPPAN, S/O.KUNJACHAN, THEKKEPURATHU, PALLIPPURAM, CHERTHALA. BY ADVS. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): RESPONDENTS --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADV. SRI.JOBY CYRIAC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.2117 of 2008 ---------------------------------------------------- Dated this the 18th day of March, 2011 Judgment Pius C.Kuriakose, J. This is an appeal by the claimant. The property was in Pallippuram Village. The acquisition was for establishment of Industrial Growth Centre for K.S.I.D.C. The relevant Section 4(1) notification was published on 24.1.1997. The Land Acquisition Officer fixed the land value at Rs.7876/- per Are. The reference court after evaluating the evidence came on record refixed the land value at Rs.7974/- per Are. 2. We have heard the submissions of Mr.V.L.Shenoy, learned counsel for the appellant and those of Smt.Latha T.Thankappan, learned Senior Government Pleader. Having considered the submissions, we feel that the issue raised in this appeal is covered in favour of the appellant by judgments of this court in LAA Nos.664/2005 and 657/2005. Relying on those two judgments, we allow this appeal and refix the land value under acquisition at Rs.17,290/- per Are. The appellant will be entitled LAA 2117/08 2 for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 2117/08 3