IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 LA.App..No. 97 of 2011(D) ------------------------- LAR.75/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT 1 IN LAR --------------------------------- STATE OF KERALA,REP.BY THE SPECIAL TAHASILDAR(LA),ICTT,VALLARPADAM. BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANT & R2 IN LAR ----------------------------------- 1. SMT.RUGMINI AMMA,KALARIKKAL, CHERANELLOOR ,PIN 682 034. 2. THE CHAIRMAN,COCHIN PORT TRUST, W.ISLAND,PIN 682 003. ADV. SRI.A.BALAGOPALAN FOR R1 SRI.C.MURALI FOR R1 ADV. SMT. THUSHARA JAMES FOR R2. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 97 of 2011 ----------------------------------------------- Dated this the 27th day of June, 2011 J U D G M E N T Pius C.Kuriakose, J. Having regard to the submissions addressed before us by the learned Govt. Pleader Sri. V.T. K. Mohanan and Smt. Thushara James, learned counsel for the requisitioning authority and Sri. Imthyas Ahammed, counsel for the claimant and having taken into account the judgment of this Court in LAA. No. 33 of 2010 we allow this appeal and re-fix the market value of the land under acquisition at Rs.5,30,000/- per Are. This we do on our view that awarding full DLPC rates will not be justified in this case where land acquisition proceedings were resorted to. This court has been consistently taking the view that DLPC fixes the rates taking into account 30% solatium which the party would have got if he had gone in for land acquisition proceedings. LAA. 97/11 -2- 2. The appeal is allowed as above. On the re-fixed compensation the claimant will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-