IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 LA.App..No. 964 of 2007(A) -------------------------------------- LAR.NO.583/1993 OF SUB COURT, MAVELIKKARA. .................... APPELLANT/RESPONDENT: ---------------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. REKHA C. NAIR. RESPONDENT/ CLAIMANT: --------------------------------------- RUDHRANI, PALLETHUSSERI VEEDU, MEMANA MURI, KRISHNAPURAM VILLAGE. BY ADV. MR.S.SHANAVAS KHAN. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.964 of 2007 ------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Pius C.Kuriakose,J. Having regard to the submissions addressed by Smt.Rekha C.Nair, the learned Government Pleader and those of Mr.Shanavas Khan, the learned counsel for the claimant and Mr.Sunilnath, the learned standing counsel for the Railway and having gone through the impugned judgment and having made a survey of the evidence, we feel that the enhancement granted by the reference court is slightly excessive. According to us, on a better assessment based on evidence, the market value can be re-fixed at Rs.26,000/- per Are. Setting aside the judgment and decree, we re-fix the market value at Rs.26,000/- per Are. The appeal is allowed to the above LAA No.964 of 2007 2 extent, but without any order as to cost. It is made clear that the claimant will be entitled for all statutory benefits on the total enhanced compensation. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/