IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 CO.No. 98 of 2010() ------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.775/2010 LAR.158/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... CROSS OBJECTORS/RESPONDENTS 1 & 2 : -------------------- 1. S.BEENA, T.C.27/1625, PATTOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. B.AKHILA, T.C.27/1625, PATTOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S/RESPONDENT 3/APPELLANT): --------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPAURAM. 695001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM 695001. BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS CROSS OBJECTION HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ C.O.No. 98 OF 2010 in L.A.A. NO.775 OF 2010 ------------------------ Dated this the 14th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants have filed this Cross Objection complaining that the market value refixed by the Reference Court is inadequate. The acquisition was of property in Vanchiyoor village for the purpose of widening of Palayam - Pattoor road. The acquisition was pursuant to Section 4(1) notification published on 5/8/2004. The Land Acquisition Officer awarded land value at the rate of Rs. 2,71,107.20 per Are. Under the impugned judgment the Reference Court had enhanced the value at Rs.15 Lakhs per Are. Against the impugned judgment, there was an appeal by the Government as L.A.A. No.775/2010. By the judgment dated 28/3/2011 that appeal was dismissed. 2. Our attention is drawn by Sri. Siju Kamalasanan, learned counsel for the cross objectors to the judgment of this court in L.A.A. No.133/2010 under which the market value of C.O..No.98/2010 2 identical land was refixed at Rs.17 Lakhs. The learned counsel requested that considering the passage of 9 months between section 4(1) notification in L.A.A. No.133/2010 and the present notification, some additions made be given to the above rate of Rs.17 Lakhs. 3. The learned Government Pleader Sri.V.T.K.Mohanan would practically agree that there is justification for refixing the market value at Rs.17 Lakhs. According to him, further additions will not be given as on the date of section 4 (1) notification, the Land Acquisition Officer had found the property to be of the same value as the property in L.A.A. No.133/2010. The learned counsel submitted that if additions are to be given for passage of time, the same may necessitate review of other cases. 4. Having considered the rival submissions addressed at the Bar, we are of the view that the Cross Objection need be upheld only to the extent of refixing the market value at Rs.17 Lakhs per Are. We allow the cross objection and refix the market value of the land under acquisition at Rs.17 Lakhs per Are. The Cross Objectors will be entitled for statutory benefits on the refixed compensation. The cross objection is thus C.O..No.98/2010 3 allowed, however, without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk