IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 LA.App..No. 473 of 2009() ------------------------- LAR.320/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, NH DIVISION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT ------------------------------- KUMARI BEEMA, KALLARAKKAL HOUSE, KARAMANA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.473 of 2009 ---------------------------------- Dated this the 8th day of January, 2010 J U D G M E N T --------------------- Pius C.Kuriakose,J. Notice returned unserved as “unclaimed”. Service is declared sufficient. There is no appearance for the respondent. This appeal pertains to acquisition of land in Nemom Village for the purpose of widening of road from Killipalam - Karamana. Relevant Section 4(1) notification was published on 2.9.1998. Land Acquisition Officer awarded land value at Rs.1,56,214/- per Are. Reference court on the basis of evidence which came on record re-fixed the land value at Rs.6,17,284/- per Are. Our attention is drawn by the learned Government Pleader to the judgment in LAA.2021/2008. The above case was also in respect of the same acquisition and the land was in the same village. Having gone through the impugned judgment we do not find any reason so as to award Rs.17,844/- more than the property covered by the above judgment. Under these circumstances, in order that parity is maintained between L.A.A.473 /09 2 the value of the properties acquired for the same purpose treated as equal in value by the Land Acquisition Officer we allow the appeal to the extent of refixing the land value at Rs.6 lakhs per Are. The respondents will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Appeal is allowed to the above extent but with no order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb