IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 LA.App..No. 248 of 2011() ------------------------- LAR.8/2001 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- PIUS K.JOHN, S/O.JOHN, KANDIRICKAL HOUSE, MANAKKAD, THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SMT.S.AMBILY SRI.TONY THOMAS (INCHIPARAMBIL) RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA FOR R THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..No. 248 OF 2011 ------------------------ Dated this the 22nd day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Having considered the grounds raised in this appeal and the submissions addressed before us by Sri.K.K.Chandran Pillai learned senior counsel for the appellant and Smt.T.T.Josephina, learned Government Pleader, we are convinced that the issue raised by the appellant in this appeal is covered in favour of the appellant by the judgment of this court in L.A.A. No.701/2009. The acquisition was for the purpose of widening of Thodupuzha - Ramamangalam public road. The property was in Thodupuzha village within the area of the Thodupuzha Municipality. The Land Acquisition Officer awarded land value at the rate of Rs.27,900/- per Are to the appellant as in the case of the claimant in L.A.A. No.701/2009. We notice that under L.A.A. No.701/2009 we have relied on the judgment of this court in State of Kerala v. Jose Simon (2009 (1) KLT 760) and other judgments pertaining to the acquisition of land in Thodupuzha village and refixed the land LAA.No.248/2011 2 value at Rs.50,000/- per cent. We allow this appeal and refix the land value at Rs.50,000/- per cent. The appellant will be entitled for statutory benefits on the refixed compensation. However, while provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order dated 7/6/2011 in C.M.Appln. No.570/2011. The Registry will issue decree copy to the appellant only after ensuring that the conditions imposed in that order regarding the payment of cost are complied with and that full court fee payable on the appeal memorandum is remitted. The appeal will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk