IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 LA.App..No. 738 of 2003(D) ------------------------------- LAR.5/2001 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ----------------------------- LAKSHMIKUTTY AMMA, D/O.LATE MEENAKSHY AMMA, MULLAPPALLIL HOUSE, EROOR NORTH, THRIPUNITHURA - 682 306. BY ADV. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. HINDUSTAN PETROLEUM CORPORATION LTD. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R2 SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R2 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI M/S MENON AND PAI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.738 of 2003 ------------------------------------------------ Dated this the 13th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Having regard to the submissions addressed before us by Sri.M.M.Monaye, the learned counsel for the appellant, Smt.Thushara James, the learned counsel for the Requisitioning Authority and Sri.Basant Balaji, the learned senior Government Pleader and taking into account the circumstance that Annexure- A1 judgment passed by the Reference Court subsequently has been approved by this Court by dismissing the appeal which was preferred against Annexure-A1, we are of the view that this appeal is to be allowed and it is to be ensured that the appellant L. A. A. No.738 of 2003 -2- also receives land value at the rate of Rs.12,300/- per Are. Accordingly, allowing the appeal and in modification of the impugned award, we re-fix the values of the lands under acquisition at Rs.12,300/- per Are. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of the re-fixation done under the impugned judgment. Parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-