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 17TH MARCH 2011 / 26TH PHALGUNA 1932 LA.App..No. 372 of 2010 (C) ------------------------------- LAR.106/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT. ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHPAURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): RESPONDENT/CLAIMANTS & R2. ------------------------------------------------------- 1. L.SREELEKHA, TC.27/1214, SREBHAVAN, PATTOOR, THIRUVANANTHAPURAM. 2. A.KUNJUMOL, T.C.12/1463, RD STREET, KUNNUKUZHY,THIRUVANANTHAPURAM. 3. S.SATHIKUMARY, D/O.SUKUMARAN PANICKER, PATTOOR HOUSE, (PATTOOR STORE), PATTOOR JN, VANCHIYOOR P.O.THIRUVANANTHAPURAM. 4. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R4 SRI.LAL GEORGE FOR R2 SRI.J.S.AJITHKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.372 of 2010 ------------------------------------------------ Dated this the 17th day of March, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Vanchiyoor village and the acquisition was for the purpose of Bakery-Palayam Airport Road. The relevant Section 4(1) notification was published on 10/02/04. The Land Acquisition Officer awarded land value at the rate of Rs.2,71,107/- per Are. The Reference Court relying on Ext.A1 re-fixed the value at Rs.17,31,306/- per Are. 2. The argument which is mainly raised by Smt.T.T.Josephina, the Government Pleader is that this Court has interfered with Ext.A1 in L.A.A.1467/08 filed by the Government and reduced the value to Rs.16,16,000/- per Are. She requested that the compensation awarded L. A. A. No.372 of 2010 -2- under the impugned judgment also be reduced accordingly. 3. Sri.Lal George, the learned counsel for the respondents would draw our attention to various other judgments pertaining to the same acquisition. He submitted that when those judgments are taken into account there is justification for granting more than Rs.17 lakhs presently granted. 4. Having considered the rival submissions addressed at the Bar, we feel that as it was only on Ext.A1, the respondent relied on before the Reference Court the difference on Ext.A1 in LAA.1467/08 should have a consequence in this case. In view of the judgment in LAA.1467/08, we allow this appeal to the extent of re-fixing the land value at Rs.16,16,000/- per Are. It is needless to mention that the 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 L. A. A. No.372 of 2010 -3- total enhanced compensation to which they become eligible by virtue of this judgment. Parties are however, directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-