IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 LA.App..No. 908 of 2010() ------------------------- LAR.1/2008 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANTS B TO I ------------------------------ 1. GEORGE JOSEPH,S/O.KORA,,KUNNUTHARA, K.R.PURAM,PALLIPPURAM,CHERTHALA. 2. PENNAMMA,W/O.KORA,DO. DO. 3. KURIAN GEORGE,S/O.KORA,DO. DO. 4. RAJU GEORGE,DO. DO. 5. MARIAMMA GEORGE,D/O.KORA,DO. DO. 6. ROSAMMA GOERGE,DO. DO. 7. SALIAMMA GEORGE,DO. DO. 8. JESSY,DO. DO. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR(LA),INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE MANAGING DIRECTOR,KSIDC, THIRUVANANTHAPURAM. ADV. SRI JOBY CYRIAC SC KSIDC BY GOVT.PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 908 OF 2010 ------------------------ Dated this the 4th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal pertains to acquisition of land in Pallippuram Village for the purpose of the second respondent KSIDC. As directed by us, Sri.Joby Cyriac learned standing counsel has taken notice on behalf of the second respondent. The prayer in the appeal is that the market value of the property under acquisition be refixed at Rs.17,297/- per Are, following the approval granted by this court to the award of land value at the rate of Rs.17,297/- per Are for identical properties acquired for the same purpose pursuant to the same notification. Sri.Joby Cyriac submits that the appeal can be allowed in full. Having regard to the above submission, we allow the appeal and refix the market value of land at Rs.17,297/- per Are. This means that the appellant is awarded a further amount of Rs.18,000/- over and above what is awarded by the Reference Court. The parties are directed to suffer their respective costs. The appellant will be entitled for all statutory benefits admissible L.A.A.No.908/2010 2 under Section 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which they become eligible by virtue of this judgment. Certified copy of the decree will be issued to the appellants only if it is seen that the cost ordered by us in C.M.Appln. No.1375/2010 in the delay petition is remitted on time and the full court fee is also paid. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk