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 29TH JULY 2011 / 7TH SRAVANA 1933 LA.App..No. 633 of 2010(C) -------------------------------------- [LAR.NO.196/2008 OF III ADDITIONAL SUB COURT, ERNAKULAM] .................... APPELLANT/2ND RESPONDENTS IN L.A.R: ------------------------------------------------------------- DEPUTY CHIEF ENGINEER (CN), SOUTHERN RAILWAY, ERNAKULAM. BY SRI.M.C.CHERIAN,SR.S.C.,RAILWAYS. RESPONDENTS/CLAIMANTS & IST RESPONDENT IN L.A.R: ------------------------------------------------------------------------------------ 1. MARY, (AGED...) NOT KOWN, W/O.OUSEPH, PONTHOCKAL, MANICKAKATHU, PERUMANOOR DESOM. 2. SIMI, (AGED...) NOT KOWN, D/O.OUSEPH, PONTHOCKAL, MANICKAKATHU, PERUMANOOR DESOM. 3. SINI, (AGED...) NOT KOWN, D/O.OUSEPH, PONTHOCKAL, MANICKAKATHU, PERUMANOOR DESOM. 4. SIJU, (AGED...) NOT KOWN, S/O.OUSEPH, PONTHOCKAL, MANICKAKATHU, PERUMANOOR DESOM. 5. STATE OF KERALA, REPRESENTED BY THE SPL.THAHASILDAR (LA), RAILWAYS, ERNAKULAM. R5 BY GOVT. PLEADER SRI. V.T.K. MOHANAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A. No.633 of 2010 ------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The requisitioning authority is in appeal against the enhancement of compensation awarded by the reference court. The land in question was acquired for the purpose of doubling of Railway lane from Ernakulam to Mulanthuruthi. Notification under Section 4(1) was issued on 5.12.2007. The LAO awarded compensation fixing the land value @ Rs.2,76,540/- per are. The reference court enhanced the compensation by refixing the land value @ Rs.6,08,828/- per are. 2. It is pointed out by learned standing counsel appearing for the appellant/requisitioning authority that by judgment in L.A.A.No.123 of 2010, dated 10.6.2010, this Court had fixed compensation with respect to the land involved in category No.3, which is the categorisation fixed 2 L.A.A. No.633 of 2010 for the acquired land in this case, at Rs.5,91,155/- per are. Under the above mentioned circumstances, we are inclined to allow the appeal and to reduce the compensation refixing the land value @ Rs.5,91,155/- per are. 3. Accordingly, the appeal is allowed. The compensation awarded by the reference court is reduced to the extent of refixing the land value at Rs.5,91,155/- per are. 4. Needless to say that the claimant will be entitled for all statutory benefits with respect to amount of the refixed compensation. No order as to costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/