IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 LA.App..No. 1232 of 2009() -------------------------- LAR.26/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/1ST CLAIMANT): -------------- ANTONY, S/O. SEBASTIAN, KOTTEPARAMBIL, EDAYAKUNNAM, KANAYANNUR TALUK, EDAPPALLY NORTH. BY ADV. SRI.E.D.GEORGE SRI.P.R.DAMODARAN RESPONDENT(S)/RESOPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDR (LA)NH NO.I. KAKKANAD. 2. THE EXECUTIVE ENGINEER, N.H. (B) DIVISION, KODANGALLUR. GOVT. PLEADER SMT. R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1232 of 2009 ----------------------------------------------- Dated this the 14th day of June, 2010 J U D G M E N T Pius C.Kuriakose, J. The property involved in this appeal is acquired for the same purpose and is identical to the land which was subject matter of LAA. No. 222 of 2009 decided by us by a separate judgment. Following the decision we have taken in LAA. No. 222 of 2009, we re-fix the value of the land involved in this case at Rs.1,89,000/- per Are. 2. The appellant has a further claim for additional value towards the structures which existed on the property. Under the impugned judgment the Reference Court has enhanced the building value by 30%. We feel that some more enhancement could have been granted and accordingly we award a further amount of Rs.5000/- to the appellant towards building value. Appeal stands allowed to the above extent. The appellant will be entitled for all LAA. No. 1232 of 2009 -2- statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties, however, are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-