IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 LA.App..No. 270 of 2011() ------------------------------------ LAR.NO.11/2006 of PRL.SUB COURT, KOTTAYAM .................... APPELLANT(S): CLAIMANT ----------------------------------------- KERALA STATE HOUSING BOARD, REPRESENTED BY EXECUTIVE ENGINEER, KOTTAYAM DIVISION. BY ADV. SRI.A.JAYASANKAR, SC KSHB, TVM RESPONDENT(S): RESPONDENT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM - 686 002. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.270 of 2011 ------------------------------- Dated this the 16th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This appeal is preferred by the Kerala State Housing Board whose lands were acquired for the purpose of construction of Changanassery bye-pass of the M.C.Road. The acquisition was pursuant to Section 4(1) notification published on 20.1.2005. The LAO awarded land value at Rs.6,450/- per are. The reference court refixed the land value at Rs.10,000/- per are. Drawing our attention to our own judgment in L.A.A.No.1200 of 2010, it is submitted by learned counsel for the appellant that the above judgment covers the issue in favour of the appellant. A copy of the above judgment was placed before us. It is not disputed that the above judgment of ours has attained finality. We refixed the land value on evaluating the evidence, under that judgment at Rs.1,30,000/- per are. We refix the land 2 L.A.A.No.270 of 2011 value at Rs.1,30,000/- per are. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed compensation. However, while the decree is prepared, the concerned section will have due regard to the conditions imposed by this Court in its order dated 29.6.2011 in C.M.A.No.621 of 2011. The appeal is allowed without any order as to costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/