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 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 178 of 2011(D) -------------------------- LAR.125/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------------------ STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANT AND ADDL.RESPONDENT NO.2 IN LAR ------------------------------------------------------- 1. SRI.SUDHAKARAN, S/O.KRISHNAN, SREEKRISHNA, PULLUVELLPARAMBU, CHERANELLUR-682 034. 2. THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND-682 003. ADV. SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..No. 178 OF 2011 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. There is no appearance for the respondents though they are served with notice. 2. The property under acquisition was in Cheranelloor village and purpose of acquisition was construction of 4 line connectivity road from Vallarapadom to Kalamassery. Relevant Section 4(1) notification was published on 26/10/2005. The Land Acquisition Officer awarded land value at the rate of Rs.1,11,528/- per Are including the property in category No.10. The Reference Court under the impugned judgment relied mainly on Ext.A6 DLPC minutes and refixed the market value of the land at Rs. 3,16,740/- per Are. 3. The ground, which is prominently raised by the Government in this appeal, is that the court below was not justified in awarding the full value reflected in DLPC minutes in this case where the land acquisition proceedings have been LAA.No.178/2011 2 resorted and the claimant will be getting 30% solatium also over and above the market value fixed. We find merit in the above submission of the Government Pleader. We allow this appeal and make a cut of 30% on the value fixed by the reference court under the impugned judgment. The appeal is allowed and the market value of the land under acquisition is refixed at Rs.2,21,718/- per Are. It is needless to mention that the claimant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the refixed compensation. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk