IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 LA.App..No. 983 of 2008() ------------------------------ LAR.42/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ------------------------------- LEELABHAI AMMA, THOTTAMPURATHU VEEDU, KUREEPUZHA, THRIKKADAVOOR. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S):RESPONDENT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVT.PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.983 of 2008 ---------------------------------------------------- Dated this the 31st day of May, 2011 Judgment Pius C.Kuriakose, J. The claimant is in appeal. The land under acquisition was in Thrikkadavur village and the purpose of acquisition was for construction of N.H.Bye-pass, Kollam. The acquisition was pursuant to section 4(1) notification published on 26.2.1996. The Land Acquisition Officer awarded land value at the rate of Rs.20,883/- per Are. Before the reference court the appellant relied on Ext.A1. The court below discarded Ext.A1 notwithstanding the fact that the lands involved in Ext.A1 was in respect of the same village and of the acquisition, though of different categories of land. In this appeal various grounds are raised assailing what is described is the inadequacy of the compensation redetermined. 2. We have heard the submissions of Mr.P.B.Suresh Kumar, learned counsel for the appellant and those of Smt.Latha T.Thankappan, learned Senior Government Pleader. Having LAA 983/08 2 regard to the submissions addressed and taking into account Ext.A1 and also other judgments pertaining to acquisition of land for the same purpose, we feel that there is every justification for refixing the value of the land under acquisition at Rs.33,450/- per Are. Allowing this appeal, we refix the land value at Rs.33,450/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 983/08 3 LAA 983/08 4