IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 801 of 2009() ------------------------- LAR.247/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT ----------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. P.N.SUMANGALA RESPONDENT(S): --------------- 1. AGHAN GEORGE, TC 12/404 , MANKADIYIL VEEDU, M.N.LANE, PLAMOODU, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA,,THIRUVANANTHAPURAM ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, ALONG WITH LAA. NO. 1144/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 801 & 1144 of 2009 & C.O. No. 91 of 2009 in LAA. No. 801 of 2009 ----------------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. On behalf of Sri.Manoj R.Nair leave is sought for to withdraw from cross objection No. 91 of 2010. Leave is granted. The cross objection is dismissed as withdrawn. Refund one-half of the court fee remitted on the memorandum of cross objection to the counsel for the cross objector. 2. The Government is in appeal. The properties were in Vanchiyoor Village. The acquisition was for the purpose of widening of road from LMS to Attakulangara pursuant to Section 4(1) notification published on 7-8-2004. The L.A. Officer awarded land value at the rate of Rs.4,52,883/- per Are. The Reference Court under the impugned judgment re- fixed the land value at Rs.27,16,998/- per Are. Our attention is drawn by Smt. P.N.Sumangala, learned Govt. -2- Pleader to our own judgment in LAA,. No. 2008 of 2008. We notice that under that judgment we have re-fixed the value of identical lands at Rs.24 lakhs per Are. We are of the view that for the various reasons stated in that judgment the value of the lands under acquisition in these appeals is also liable to be re-fixed. Hence we allow these appeals and re- fix the value of the lands at Rs.24 lakhs per Are. Needless to mention that the claimants respondents will be entitled for all statutory benefits on the amounts to which they become eligible by virtue of this judgment. Appeals are allowed as above, but in the circumstances without any order as to costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-