IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 LA.App..No. 979 of 2008(D) -------------------------- LAR.75/2006 of SUB COURT, MUVATTUPUZHA .................... APPELLANT: CLAIMANT: -------------------- BASIL A.KURUVILLA, S/O.KURUVILLA, ALUKKAL HOUSE, THRIKKALATHOOR, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: RESPONDENT: ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAY NO.II, ALUVA (KSTP). GOVT. PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.NO.979 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 JUDGMENT I have heard Sri.K.Jaju Babu, learned counsel for the appellant and Sri.Basant Balaji, senior Government Pleader on behalf of the respondents. I have re-appreciated the evidence. I feel that the learned Subordinate Judge was extremely miserly in the matter of re-fixing the land value. Having re-appreciated the evidence, I feel that a sum of Rs. 63,229/- per Are should be fixed as market value of the acquired land on the date of the relevant section 4(1) notification. The appeal will stand allowed to the extent of re-fixing the land value at the rate of Rs. 63,229/-. This means that the appellant will be entitled for enhanced land value of Rs. 27743/- per Are instead of what is awarded to him under the judgment of the reference court. This amount will carry all statutory benefits. The amount under Section 23(1)(A) will be calculated for the period from 25/01/2003, which the correct date of section 4(1) notification till 15/02/2005. In the circumstances of the case, the parties will suffer their costs through out. PIUS.C.KURIAKOSE JUDGE sv. sv.