IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 413 of 2011(c) ------------------------------ LAR.22/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 IN LAR ------------------------------------------------------------------ 1. SURESHKAR.R.S., KAIVALLYAM, OPPOSITE SBT, SASTHAMANGALAM, THIRUVANANTHAPURAM. 695 010. 2. SUBESHKAR.R.S., KAIVALLYAM, OPPOSITE SBT, SASTHAMANGALAM, THIRUVANANTHAPURAM. 695 010. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.695 010. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R3 SRI.LAL GEORGE FOR R1-2 SMT.M.J.INDUJA FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.413 of 2011 ------------------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J It is fairly conceded before us by both sides that the issue raised by the Government in this appeal which pertains to acquisition of land in Sasthamangalam village for the purpose of widening of the road from Students Centre -LMS, Sasthamangalam pursuant to Section 4(1) notification published on 02/03/05, is covered by the judgment of this Court in L.A.A.1096/10 in favour of the Government. Hence, we allow this appeal and re-fix the value of the land at ` 18 lakhs per Are after setting aside the rate of ` 28 lakhs per Are awarded under the impugned award. However, we make it clear that the claimants/respondents 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 re- fixed compensation. We also clarify that we have not L. A. A. No.413 of 2011 -2- interfered with the cost awarded in favour of the claimants by the court below. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE