IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 LA.App..No. 1260 of 2009(D) --------------------------- LAR.15/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT ---------------------- LALITHAMMA, D/O.SARASWATHY AMMA, PALAPPALLY MADATHIL, KAYAMKULAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA. 2. SOUTHERN RAILWAY, ERNAKULAM. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 GOVERNMENT PLEADER SMT.T.T.JOSEPHINA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.1260 OF 2009 ------------------------ Dated this the 3rd day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Her land in Kayamkulam village within the area of the Kayamkulam Municipality was acquired for the purpose of double lining of Kayamkulam – Mavelikkara railway line. The acquisition was pursuant to Section 4(1) notification published on 6/12/2004. The Land Acquisition Officer fixed land value at the rate of Rs.44145/- per Are. The Reference Court on evaluating the evidence adduced by the parties refixed the value at Rs.66,215/- per Are. 2. In this appeal various grounds are raised assailing what is described as the gross inadequacy in the market value redetermined by the court below. Along with this appeal, Annexure A1 sale deed is also produced. Sri. C.Rasheed the learned counsel for the appellant requested that the market value be refixed on the basis of Annexure A1 sale deed. 3. The above request is opposed by Smt.Latha T.Thankappan, learned senior Government Pleader and the L.A.A.No.1260/2009 2 Standing Counsel for the Railways. The Government Pleader would however inform us that in L.A.A. No.1295/2010, this court has refixed the value of identical lands acquired for the same purpose at Rs.77300/- per Are. But she points out that in L.A.A. No.1295/2010 the Section 4(1) notification was about 25 days subsequent to the present notification. We feel that reliance can be placed on the judgment in L.A.A. No.1295/2010 and the market value of the land under acquisition can be refixed accordingly. 4. We refix the market value of the land under acquisition at Rs.76500/- per Are. The appeal is allowed to the above extent. The appellant is entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A.Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk