IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 LA.App..No. 684 of 2011() ------------------------- LAR.369/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- SYAMALA DEVI, D/O.JANAKI AMMA, TC.6/776, ARAPPURA VEEDU, VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 695 005. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. 695 001. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 8 /9 /2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A NO. 684 OF 2011 ------------------------ Dated this the 8th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. Notice to the second respondent is dispensed with as the identical issue has been decided in so many other cases with notice to the 2nd respondent. 2. Both sides agree that the appeal can be taken up for hearing and disposal immediately. We have heard the submissions of Sri.G.Ram Mohan learned counsel for the appellant and Sri.C.R.Shyam Kumar learned senior Government Pleader for the respondent. 3. The claimant is the appellant. The property was in Peroorkada village and acquisition was at the instance of the 2nd respondent for the purpose of setting up of expansion programme of composite group and ISSU of ISRO pursuant to Section 4 (1) notification published on 17/11/2004. The property was included in " C" category and the LAO awarded land value at the rate of Rs. 30,978/- per Are. The Reference Court under LAA No. 684 /2011 2 the impugned award has refixed the land value at Rs.78,740/- per Are. Our attention was drawn by Sri.Ram Mohan to the judgment of this court in L.A.A. No.355/2010 authored by one among us (PCK(J). The learned counsel submitted that under that judgment, this court has refixed the value of identical property at Rs.3,49,064/- per Are. The learned counsel requested that the matter be remanded enabling the appellant to enhance his claim to Rs.3,49,064/- per Are. 4.The learned senior Government Pleader Sri.C.R.Shyamkumar submitted that this court may be justified in following the judgment in L.A.A. No.355/2010. However, the appellant cannot be awarded value at the rate of Rs.3,49,064/- per are as the appellant's claim is only for Rs.2,47,100/- per Are. The learned government pleader requested that the case be finally decided by awarding Rs.2,47,100/- per Are as the market value of the land under acqusition to the appellant. 5. Having considered the rival submissions addressed at the Bar, we are of the view that giving opportunity to the appellant to enhance the claim will result in prejudice to the Government as well as to the requsitioning authority. We notice that the issue LAA No. 684 /2011 3 raised in this appeal is covered in favour of the appellant by the judgment of this court in L.A.A. No.355/2010. However, the appellant cannot aspire for value at the rate of Rs.3,49,064/- as the appellant's claim was only for Rs.2,47,100/- per Are. 6. The appeal will stand allowed and the market value of the land under acquisition is refixed at Rs.2,47,100/- per Are only. The appellant will be entitled for all statutory benefits. However, while decree is drafted and provision is made for interest under Section 28, the conditions imposed by us in the order condoning the delay will be taken care of by the Section. The appellant will be entitled for proportionate costs also. The appellant shall remit the entire balance court fee within ten days from today. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk LAA No. 684 /2011 4