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 13TH OCTOBER 2011 / 21ST ASWINA 1933 LA.App..No. 377 of 2011(D) -------------------------- LAR.340/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR RESPONDENT(S): --------------- 1. K.LEELA, T.C.26/519, OTTUKUZHI ROAD, VANROSS JUNCTION, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 010. ADV. SRI.R.GOPAN FOR R1 SRI.P.C.SASIDHARAN,SC,TSSR DIST.CO.OP.B FOR R-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No.377 of 2011 ------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Having considered the submissions addressed by Sri. C.R.Syamkumar, learned Government Pleader and Sri.Basant Balaji, learned counsel for the claimants we are of the view that the issue raised by the Government in this appeal is covered to a substantial extent in favour of the government by our own judgment in LAA.366/2010 and the judgment of another bench of this court in LAA.617/2010. Following those two judgments we allow the appeal and refix the market value of land at Rs.17 lakhs per Are, thus reducing the rate of Rs.28 lakhs fixed by the court below. We make it clear that on the refixed value the claimants will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb