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 28TH JULY 2010 / 6TH SRAVANA 1932 LA.App..No. 873 of 2010(C) -------------------------- LAR.411/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT 1 IN LAR --------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI CORPORATION, VYTTILA, KOCHI-19. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENT(S): CLAIMANT-R2 IN LAR --------------------------------- 1. K.L.JOSEPH, S/O.K.C.LONAN, KUDARAPILLIL, PARADISE ROAD, VYTTILA, COCHIN-19. 2. THE SECRETARY, CORPORATION OF KOCHI. ADV. SRI.THOMAS T.VARGHESE FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 873 OF 2010 ------------------------ Dated this the 28th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. We find force in the submission of the learned Government Pleader Sri.V.T.K.Mohanan that the issue raised by the Government in this appeal is covered to a certain extent in favour of the Government by a common judgment of this court in L.A.A. Nos. 1503,1505 & 1506/2008. A copy of the above judgment is placed before us. On going through the above judgment, we find that for identical properties acquired for the same purpose for which the Land Acquisition Officer and the Reference Court had awarded the same rate, this court has refixed the land value at Rs.9,87,600/- per Are. Hence, we allow this appeal and refix the land value at Rs.9,87,600/- per Are. The appeal is allowed to the above extent. The claimant will be entitled for statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed L.A.A.No.873/2010 2 compensation. The parties will suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk