IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 LA.App..No. 838 of 2009(D) ------------------------------------- [LAR.NO.415/2007 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM] .................... APPELLANT/RESPONDENT NO.1: ------------------------------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. T.T. JOSEPHINA. RESPONDENTS/CLAINANTS & RESPONDENT NO.2: -------------------------------------------------------------------------- 1. DILEEP HENRY, T.C.14/485, NANDAVANAM, THIRUVANANTHAPURAM. 2. ANTONY HENRY, T.C.14/485, NANDAVANAM, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SMT.M.HEMALATHA, R3 BY SRI.M.RAJAGOPALAN NAIR, S.C, TRIDA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. NO.838/2009-D: ORDER ON I.A. NO. 2457/2009 IN L.A.A. NO. 838/2009-D DISMISSED SD/- PIUS. C.KURIAKOSE, JUDGE, 1-7-2011. SD/- N.K.BALAKRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.838 of 2009 ---------------------------------------------------- Dated this the 1st day of July, 2011 Judgment Pius C.Kuriakose, J. This appeal by the Government pertain to acquisition of land in Vanchiyoor Village for the purpose of widening of road from Museum to R.B.I.Junction pursuant to Section 4(1) notification published on 30.9.2004. The L.A.O. awarded land value at the rate of R.2,44,530/- per Are. The reference court under the impugned judgment relying mainly on Ext.A2 judgment, which was in respect of the property situated in Vanchiyoor village itself but acquired for the widening of road from L.M.S. to Attakulangara, would refix the land value at Rs.28 lakhs per Are. In fact under the impugned judgment the reference court awarded a slightly higher value than what was given to the party under Ext.A2. Smt.T.T.Josephina, learned Government Pleader invite our attention to the judgment of this court in L.A.A.No.2008 of 2008 and Cross Objection No. 12 of 2010. She submitted that under that judgment Ext.A2 judgment was set LAA 838/09 2 aside by this court refixing the land value at Rs.21,60,000/- per Are. According to her, there is no justification for awarding the same land value for the property involved in this case as the L.A.O. awarded only 50% of what is awarded to the parties in that case to the parties in the present case. While we are able to accept the submission of the learned Government Pleader that the judgment in L.A.A.No.2008 of 2008 is relevant, we cannot accept the submission of the learned Government Pleader that only 50% of what is awarded under that judgment can be awarded to the present respondents. We find that the properties were acquired for widening of road from Museum to R.B.I.Junction. The properties were having commercial potentialities and was situated in a very important area of the capital city. We feel that the land value reflected in the appellate judgment in LAA No.2008 of 2008 is to be granted to the properties in the present case. Under the above circumstances, we allow this appeal and refix the market value of the land under acquisition at Rs.21,60,000/- per Are. It is needless to mention that the claimants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of LAA 838/09 3 the Land Acquisition Act. Parties are directed to suffer their respective costs in this appeal. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 838/09 4