IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 LA.App..No. 434 of 1994() ------------------------------- LAR.363/1991 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT(S): ------------------ M/S. COCHIN REFINERIES LTD., P.B. NO.2 AMBALAMUGHAL - 682 302 REPRESENTED BY COMPANY SECRETARY N.VISWA KUMAR. BY ADV. SRI.A.M.SHAFFIQUE RESPONDENT(S): CLAIMANTS & 1ST RESPONDENT ----------------------------------------------------------- 1. SUGATHAKUMARI, S/O.SAROJINI AMMA, KARUVELI, KUZHIKAD, AMBALAMEDU P.O., 2. STATE OF KERALA REPRESENTED BY SPECIAL THAHSILDHAR (LA) COCHIN REFINERIES LTD., VYTILLA, KOCHI - 19. R1 BY ADVS. SRI.M.K.CHETTIAR SRI.M.T.ARAVINDAKSHAN R2 BY GOVT. PLEADER P.I. DAVIS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 434 OF 1994 = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2011. J U D G M E N T Pius C. Kuriakose, J. Having considered the arguments addressed before us by Smt.Thushara James, learned counsel for the appellant and Sri.K. Mohan, learned counsel for the respondent and having taken into account the judgment of this court in L.A.A.414/94 series we are of the view that the issue raised in this appeal is covered in favour of the appellant. The property under acquisition was in category No.7. In the above said judgment the land value of the properties in category No.7 acquired for the same purpose in the very same village were refixed at Rs.1,852/- per Are. Accordingly this appeal is allowed and we refix the market value of the property under acquisition at Rs.1,852/- per L.A.A. NO. 434 OF 1994 -:2:- Are. The claimant/respondent is entitled to all statutory benefits which are provided under Sections 23(2), 23(1A) and S.28 of Land Acquisition Act on the total refixed compensation. Parties will suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. N.K. BALAKRISHNAN, JUDGE. ul/- L.A.A. NO. 434 OF 1994 -:3:- PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = L.A.A. No. 434 OF 1994 = = = = = = = = = = = J U D G M E N T 22nd June, 2011.