IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 LA.App..No. 756 of 2009() ------------------------- (LAR NO.252/2007 OF II ADDL. SUB COURT, THIRUVANANTHAPURAM) APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM] BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ---------------------------------------- 1. SYED ALAVI,SHAJI MANZIL, CHENNAMPARA, THOLICODE VILLAGE, NEDUMANGADU TALUK. 2. SULEKHA BEEVI,SHAJI MANZIL, CHENNAMPARA, THOLICODE VILLAGE, NEDUMANGADU TALUK. 3. THE MANAGER, FEDERAL BANK,STATUE, THIRUVANANTHAPURAM. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R4 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/6/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 756 OF 2009 ------------------------ Dated this the 25th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land in Vanchiyoor village for the purpose of widening of the road from LMS Attakulangara for Trida pursuant to Section 4(1) notification published on 17/8/2004. The Land Acquisition Officer awarded land value at the rate of Rs.4,52,833/- per Are and structure value at Rs.1,76,059/-. The Reference Court, on the basis of the evidence which came on record, would refix land value at Rs.28 Lakhs per Are and would award a total amount of Rs.6,79,000/- per Are. 2. Our attention is drawn by Smt.Latha T.Thankappan, learned senior Government Pleader, to our own judgment in L.A.A. No.2008/2008. Having gone through the above judgment, we are of the view that land value awarded by the Land Acquisition Court has to be reduced to Rs.24 Lakhs per Are. It is so reduced. 3. Even though the Government Pleader argued very LAA.No.756/2009 2 persuasively that the structure value awarded is exorbitant, we feel that there was justification for awarding the structure value as awarded by the learned Subordinate Judge. Hence, we confirm the structure value in this case. The appeal is allowed to the extent of refixing the market value of land at Rs.24 Lakhs per Are. In all other respects, the impugned judgment is confirmed. The claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk