IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 LA.App..No. 1017 of 2010(D) --------------------------- LAR.344/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT: ----------------------- SMT.MAYADEVI, D/O.LAKSHMIKUTTY AMMA, KARIVEETTIL, LAKSHMIPURAM MADAM, LAKSHMI NIVAS, EDAPPALLY NORTH. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.) NH.NO.1, KAKKANAD P.O., PIN-682 030. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLUR P.O., PIN-680 664. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * L.A.A.No.1017of 2010 ---------------------------------------- Dated this the 4th day of October 2010 J U D G M E N T K.M.JOSEPH,J The appeal is filed being aggrieved by the judgment and decree dated 12/1/2010 in L.A.R.No.344/08 of the Sub Court, Ernakulam. 2. Briefly put, the case of the appellant is as follows: 3. An extent of 1.50 Ares of property in Sy.No.35/11 of Edappally North Village was acquired by the respondents from the petitioner in connection with the construction of NH-17 and Section 4(1) notification was issued on 14/3/2002. The acquisition officer awarded compensation of Rs.1,89,000/- per Are. On a reference, the court has fixed the value at Rs.1,76,400/- per Are. 4. We have heard the learned counsel for the appellant and the learned senior Government Pleader. The learned counsel for the appellant brings to our notice the judgment of this Court in L.A.A.No.621/2010 wherein this Court had fixed the land value at Rs.1,89,000/- per Are. The learned senior L.A.A.No.1017/2010 2 Government Pleader does not dispute the applicability of the said land value. In such circumstances, we are inclined to grant the benefit of land value of Rs.1,89,000/- per Are to the appellant also. 5. Accordingly, the appellant will be entitled to the land value at the rate of Rs.1,89,000/- per Are for 1.50 Are involved in this case. We allow the appeal on the said basis. We also direct that the appellant will be entitled to all the statutory benefits on the said enhanced value. The appellant will also be entitled to proportionate costs. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge L.A.A.No.1017/2010 3 L.A.A.No.1017/2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010