IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 LA.App..No. 621 of 2010() ------------------------- LAR.78/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SMT.RAJAMMAL,W/O.LATE SHANMUGHAM, SLIKA HOUSE,THANNIKKAL,ELAMAKKARA.P.O, EDAPALLY. 2. SRI.BAIJU,S/O.LATE SHANMUGHAM, SLIKA HOUSE,THANNIKKAL,ELAMAKKARA.P.O, EDAPPALLY. 3. SRI.SHAIJU,S/O.LATE SHANMUGHAM,SLOKA HOUSE,THANNIKKAL,ELAMAKKARA.P/O,EDAPPALLY. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR(L.A),NH NO.1,KAKKANAD. 2. THE ASST.EXECUTIVE ENGINERR, NH(B)DIVISION,KODUNGALLUR. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 621 OF 2010 ------------------------ Dated this the 24th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.Latha T.Thankappan, learned senior Government Pleader has taken notice on behalf of the respondent. 2. Having heard the submissions of Sri.E.D.George, learned counsel for the appellants and those of Smt.Latha T.Thankappan, we are of the view that the decision we have already taken in L.A.A. No. 222/2010 should be followed and the appeal should be allowed by refixing value of the land under acquisition at Rs.1,89,000/- per Are. Accordingly, value of land under acquisition is refixed at Rs.1,89,000/- per Are following the decision taken in L.A.A. No. 222/2010. 3. We also find that the Court below was not justified in not granting any enhanced compensation towards value of the well which existed on the property. We are of the view that a further amount of Rs.1,500/- should be awarded to the appellants towards value of the well. We award that amount also. LAA.No.621/2010 2 The appeal stands allowed as above. The appellants 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 to which they become eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk