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 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 LA.App..No. 425 of 2007() ------------------------------------ LAR.202/2002 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT ------------------------ GOPALA PILLAI GOPINATHAN NAIR, CHENGALATHU HOUSE, KARICHAL MURI, VEEYAPURAM VILLAGE. ADV. MR.R.RAJASEKHARAN PILLAI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.1301/2007 IN LAA. NO.425/2007 DISMISSED 27/10/2009 SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE TRUE COPY P.A. TO JUDGE tss PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.425 of 2007 ------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT Pius C.Kuriakose,J. This appeal by the Government pertains to acquisition of land for the purpose of constructing Haripad-Veeyapuram Road. Relevant section 4(1) notification was published on 7.2.1991. The L.A.Officer awarded land value at the rate of Rs.4837/- per Are. The reference court under the impugned judgment re-fixed the same at Rs.23,119.20/-. 2. Our attention is drawn by the learned Government Pleader to a judgment of this Court in LAA Nos.1311 of 2007 and 34 of 2007. These appeals also pertain to acquisition for the same purpose pursuant to the same notification. Under those appeals, we approved the enhancement of land value from Rs.9606/- per Are to Rs.18,404/- per Are. 3. In view of the reasons stated in those judgments, we are of the view that the enhancement granted in the LAA No.425/2007 2 present case is excessive. 4. On a better assessment of the market value based on the evidence on record, the market value will have to reduced to Rs.10,000/- per Are. In modification of the judgment under appeal, we re-fix the land value at the rate of Rs.10,000/- per Are. The appeal stands allowed and it is made clear that on the total enhanced compensation to which the appellant become eligible by virtue of the judgment in this appeal, the appellant will be entitled for all statutory benefits under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act. In the above circumstances, the parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/