IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 LA.App..No. 189 of 2011() ------------------------- LAR.388/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SMT.KRISHNAVENI,W/O.LATE SHANMUGHAM, KARIYAPARAMBIL,SRM ROAD, ERNAKULAM,KOCHI-18. 2. ANIL,S/O.LATE SHANMUGHAM, KARIYAPARAMBIL,SRM ROAD, ERNAKULAM,KOCHI-18. 3. SUNIL,S/O.LATE SHANMUGHAM, KARIYAPARAMBIL,SRM ROAD, ERNAKULAM,KOCHI-18. BY ADV. SRI.C.CHANDRASEKHARAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR(L.A), RAILWAYS, ERNAKULAM. 2. THE DIVISIONAL RAILWAYS MANAGER, THE DIVISIONAL RAILWAYAS MANAGER(WORKS), TRIVANDRUM. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 BY GOVT.PLEADER SMT.LAHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 189 OF 2011 ------------------------ Dated this the 24h day of March, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimants pertains to acquisition of land in Ernakulam Village pursuant to Section 4(1) notification published on 12/1/2006 for the purpose of expansion of Ernakulam Town Railway station platform. The Land Acquisition Officer awarded land value at the rate of Rs.4,35,120/- per Are corresponding to Rs.1,70,906/-. 2. Mr C.Chandrasekharan, learned counsel for the appellants drew our attention to our own judgment in L.A.A. No.226/2009. The learned counsel submitted that under that judgment, we have refixed the land value at Rs.2,25,000/- per cent. According to him, there is justification for awarding a higher rate for the property in this case as this property unlike the property in L.A.A. No.226/2009 was enjoying road access. 3. Mr.M.C.Cherian, learned standing counsel for the LAA.No.189/2011 2 railway would oppose the above request of Mr.Chandrasekharan. According to him, the Land Acquisition Officer had awarded the same rate for the properties in this case as well as for the property in L.A.A. No.226/2009. The Advocate commissioner has not reported that this property was enjoying any road access. 4. Having anxiously considered the submissions addressed at the Bar, we feel that the appellants cannot aspire for more than the value what is awarded to the party in L.A.A. No.226/2009. Relying on the judgment in L.A.A. No.226/2009, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.2,25,000/- per cent. 5. The appeal is allowed refixing the market value of land at Rs.2,25,000/- per cent. The appellants will be entitled for statutory benefits also. However, while providing for interest under Section 28, the Section will have due regard to the conditions imposed by us in our order dated 14/3/2011 in C.M.Appln.392/2011. 6. The appeal is allowed however without any order as to costs. The Registry will issue decree copy to the appellants only after ensuring that the entire balance court fee is remitted and LAA.No.189/2011 3 the conditions imposed by us in our order in C.M.Appln. No.392/2011 are complied with. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk