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. 274 of 2011 --------------------------- LAR.7/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: ------------------------------ SANTHAKUMARI, D/O. SNEHALATHA KUMARI, AKSHAYA, VAZHOTTUKONAM, PEROORKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. RESPONDENT(S): RESPONDENTS -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2 GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.274 of 2011 ------------------------------------------------ Dated this the 22nd day of June, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. As directed by us the learned Government Pleader and the learned Assistant Solicitor General have taken notice respectively for the Government and for the Requisitioning Authority. The property was in Peroorkkada village and the acquisition was for the purpose of setting up the expansion programme of composite group and IISU of ISRO. The relevant Section 4(1) notification was published on 17/11/04. The Land Acquisition Officer awarded land value at the rate of ` 15,931/- per Are. The Reference Court under the impugned judgment re-fixed land value at ` 48,740/- per Are. 2. Our attention is drawn by Sri.G.Ram Mohan, the L. A. A. No.274 of 2011 -2- learned counsel for the appellant to the judgment of this Court in L.A.A Nos.411/10, 355/10, 809/10 and 1137/10. We notice that under these judgments this Court has re-fixed value of land acquired for the same purpose pursuant to the same notification but included in different categories. The submission of Sri.Ram Mohan was that if proportionate increase is given based on those judgments, the value of the land under acquisition in this case will have to be re-fixed at ` 1,79,542/- per Are. 3. Having gone through the above judgments, we find force in the above submission. It is not disputed before us by anybody that the judgment referred to by Ram Mohan has attained finality. Under these circumstances, we allow this appeal and re-fix the land value at ` 1,79,542/- per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. The appeal will stand allowed. L. A. A. No.274 of 2011 -3- However, parties are directed to suffer their respective costs. 4. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-