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 12TH JANUARY 2011 / 22ND POUSHA 1932 LA.App..No. 133 of 2010() ------------------------- LAR.122/2005 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- V.INDIRA. D/O.VENKATA SUBRAMANIA IYER, TC 15/2149, ANUGRAHA, GENERAL HOSPITAL JUNCTION, TRIVANDRUM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, TRIVANDRUM. 2. THE SECRETARY, TRIDA, TRIVANDRUM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 133 OF 2010 ------------------------ Dated this the 12th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Her property in Vanchiyoor Village was acquired by the Government for the purpose of widening of Palayam – Pattoor road for the 2nd respondent TRIDA. It was pursuant to Section 4(1) notification dated 28/11/2003. The Land Acquisition Officer awarded land value at the rate of Rs.2,71,107.20 per Are. The Reference Court on evaluating the evidence adduced by the parties would refix the land value at Rs.15/- Lakhs per Are. In this appeal, the appellant claims refixation of land value at Rs. 12 Lakhs per cent. 2. We have heard Sri. Philip J.Vettickattu, learned counsel for the appellant and Smt.Latha T.Thankappan,learned senior Government Pleader. While Mr. Philip J.Vettickattu argued for refixation of the land value at Rs.12 Lakhs per cent, Smt.Latha T.Thankppan would submit that the appellant has been awarded maximum amount which could have been awarded to her. She would however draw our attention to the judgment of this judgment in L.A.A. No.1041/2009. We notice that the above LAA.No.133/2010 2 judgment pertains to the acquisition of land for the same purpose. We notice that, that case was pursuant to a notification one year prior to the present notification. The properties are situated in an important area of the Thiruvananthauram city. We are of the view that, taking into account the passage of time of one year, additions are liable to be given to the above sum of Rs.15, Lakhs. Giving additions that way, we refix the value of land under acquisition at Rs.17 Lakhs per Are. The appeal is allowed to the above extent. The appellants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A.Act on the total enhanced compensation to which she becomes eligible by virtue of this refixation. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk