IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 LA.App..No. 364 of 2011() ------------------------- LAR.44/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS NO.3 ----------------------- G.M.J.THAMPY,MANAGING DIRECTOR,M/S.RIYA TRAVEL AND TOURS (INDIA)PVT.LTD.TAARA TOWERS, VELLAYAMBALAM,SASTHAMANGALAM,THIRUVANANTHAPURAM, REP.BY P/A.S.S.SUNIL,S/O.C.SADANANDAN,TC 10/1356-1 PUTHOORKONAM,VATTIYOORKAVU PO,THIRUVANANTHAPURAM, ASST.MANAGER M/S.RIYA TRAVEL AND TOURS (INDIA)PVT BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN SRI.SIDHARTH A.MENON RESPONDENT(S): RESPONDENTS/CLAIMANTS 1 AND 2 -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM, PIN 695001. 2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA), VAZHUTHACADU, THIRUVANANTHAPURAM, PIN 695001. 3. VAMADEVAN NAYAR, S/O.LATE VELU PILLAI, RESIDING AT TAARRA TOWERS, SASTHAMANGALAM P.O., VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN 695010. 4. UDAYA TARA NAYAR, W/O.VAMADEVAN NAYAR, RESIDING AT -DO-, PIN 695010. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 364 OF 2011 ------------------------ Dated this the 9th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the claimant pertains to acquisition of land in Sasthamangalam Village for the purpose of widening the Students Centre LMS-Vellayambalam-Kowdiar- Sasthamangalam Road at the instance of TRIDA. Section 4(1) notification published on 2/3/2005. The Land Acquisition Officer awarded land value at the rate of Rs.3,37,155/- per Are. The Reference Court on evaluating the evidence adduced by the claimant would refix the land value at Rs.4,21,443.75/- per Are. In fact, the Reference Court did not rely on any of the items of evidence adduced by the claimant. What was done was to apply rule of thumb and to enhance the value by 25%. 2. Our attention was drawn by both sides to the judgment of this court in L.A.A. No.1096/2010. The learned Government Pleader would fairly concede that the above judgment covers the said acquisition. We notice that under that judgment, this court has refixed the value of identical land at Rs.18 Lakhs per Are. LAA No.364/2011 2 We however, are not inclined to grant so much of enhancement to the appellant since the appellant has limited his claim for enhanced compensation to Rs.16,24,655/- per Are. 3. Following the judgment in L.A.A. No.1096/2010 which obviously has attained finality, we allow this appeal and refix the land value at Rs.16,24,655/- per Are. The appellant will be entitled for all statutory benefits also. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order dated 11/7/2011 in C.M.Appln. No.839/2011. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk