IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 LA.App..No. 630 of 2011() ------------------------- LAR.33/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- K.DHARMARAJAN, CHACKA VILAKAATHU VEEDU, VAYYAMOOLA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S)/RESPONDENTS --------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANAHTAPURAM PIN - 695. 2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, POST BOX NO. 5424, VIKAS BHAVAN (P.O.) MUSCOT SQURE, THIRUVANANTHAPURAM PIN 695 033. BY GOVT.PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No.630 OF 2011 ------------------------ Dated this the 16th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. Having considered the submissions addressed before us by Sri. Gopakumar R.Thaliyal learned counsel for the appellant and Sri.C.R.Shyam Kumar learned senior Government Pleader for the respondent, we are of the view that the issue raised by the claimant in this appeal is covered in his favour to a considerable extent by the judgment of this court in L.A.A. No.1944/2008 and many other judgments. 2. For the various reasons stated in the judgment in L.A.A. No.1944/2008, we allow this appeal and refix the market value of the land under acquisition at Rs.2,25,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total enhanced compensation. While decree is drafted, the Section will have due regard to the conditions imposed by this L.A.A.No.630/2011 2 court in its order dated 15/11/2011 in C.M.Appln. No.1457/2011. The decree copy will be issued to the appellant only after ensuring that the costs amount ordered to be paid under the order in C.M.Appln. No.1457/2011 has been remitted on time and also that the full court fee of Rs.28,400/- payable on the appeal memorandum is remitted. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk