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 13TH AUGUST 2010 / 22ND SRAVANA 1932 LA.App..No. 353 of 2010(C) ------------------------------- LAR.63/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 --------------------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN (SR.) RESPONDENT(S): CLAIMANT & R2 -------------------------------------- 1. GIREESHA CHANDRAN,S/O.VISWAMBHARAN, T.C.31/847,NIRMALA BHAVAN,CHAKKAI, THIRUVANANTHAPURAM. 2. THE SECRETARY,TRIDA,THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.D.AJITHKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.353 of 2010 ------------------------------------------------ Dated this the 13th day of August, 2010 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Pettah village. The purpose of acquisition was widening of Bakery-Palayam-Airport road for TRIDA. The relevant Section 4(1) notification was published on 23/11/03. The Land Acquisition Officer awarded land value at the rate of Rs.1,46,819/- per Are. The Reference Court under the impugned judgment re-fixed the value at the rate of Rs.16,54,307/- per Are. Our attention was drawn by Smt.Latha T. Thankappan, the learned Senior Government Pleader to our own judgment L. A. A. No.353 of 2010 -2- in L.A.A.1973/08. She submitted that under that judgment, we re-fixed the value of land for which the Land Acquisition Officer awarded land value at higher rates at Rs.14 lakhs after interfering with the judgment of the Reference Court. According to her, if that judgment is followed, the maximum value that can be awarded to the property in this case is Rs.9,46,982/-. Sri.D.Ajithkumar, the learned counsel for the respondent submitted that the properties under acquisition was enjoying several additional advantages. Therefore, there is every justification for granting at least Rs.14 lakhs for this property. 2. Having anxiously considered the rival submissions addressed at the Bar, we are of the view that the value of the properties under L. A. A. No.353 of 2010 -3- acquisition can be reasonably fixed at Rs.10 lakhs per Are. It is accordingly re-fixed. 3. The appeal will stand allowed to the above extent. 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. But we clarify that the interest under Section 28 will be admissible only from the date of dispossession. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-