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 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 LA.App..No. 297 of 2011(D) -------------------------- LAR.115/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT IN LAR ------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANT AND ADDL. RESPONDENT NO.2 IN LAR -------------------------------------------------------- 1. SMT. M.S.USHA, LAKSHMI VILAS, CHERANELLOOR.P.O., KOCHI-34. 2. THE CHAIRMAN, COCHIN PORT TRUST, W. ISLAND-682003. ADV. SRI.C.MURALI FOR R1 SMT.V.B.SANTHINI FOR R1 SRI.E.K.NANDAKUMAR FOR R-2 SMT.THUSHARA JAMES FOR R-2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.297 OF 2011 ------------------------ Dated this the 27th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the Government pertains to acquisition of land in Cheranelloor Village for the construction of 4 line connectivity road from ICTT to Kalamassery. The notification under Section 4 (1) was published on 28/12/2006. The LAO awarded land value at the rate of Rs.3,48,964/- per Are. The Reference Court under the impugned award has refixed the land value at Rs.7,56,005/- per Are. 2. One of the contentions urged is that the court below has awarded full value reflected in Ext.A1 minutes of the DLPC without making any deductions towards statutory components which are also taken into account while DLPC fixes the value for the properties of those parties who have opted for DLPC package. The submissions of Sri.V.T.K.Mohan learned senior Government Pleader were supported by Smt.Thusara James learned counsel for the requisitioning authority. 3. Having considered the submissions we find, as rightly LAA.No.297/2011 2 submitted by the learned Government Pleader, that the issue is covered in favour of the Government and the requisitioning authority by the judgment of this court in L.A.A. No. 33/2011. Following that judgment, we allow this appeal and refix the market value of the land under acquisitions at Rs.5,30,000/- per Are. Needless to mention that the claimant/respondent will be entitled for statutory benefits admissible under Section 23 (2), 23 1(A) and Section 28 of the Act on the total refixed compensation. The appeal will stand allowed, however parties will suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk