IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 LA.App..No. 739 of 2010(D) -------------------------- LAR.399/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.C.M.CHARISMA RESPONDENT(S): CLAIMANT & R2 IN LAR ----------------------------------- 1. SAMUEL PAPPAN, T.C.26/493, SHARON BUNGLOW, VANROSS JUNCTION, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM- 695010. ADV. SRI.R.S.KALKURA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No.739 of 2010 ------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The Government is in appeal. The property was in Vanchiyoor village and the acquisition was for the purpose of widening of Vanross- Ottukuzhi-Secretariat Road pursuant to section 4(1) notification published on 12.4.2005. Under the impugned award the land value awarded by the Land Acquisition Officer at the rate of Rs.2,73,243/- per Are is enhanced to Rs. 28 lakhs per Are. We in our own judgment in LAA.No.617/2008 refixed the land value at Rs.17 lakhs per Are on the basis of an appeal preferred by the claimant therein, who was the owner of an identical property. Following that judgment we allow the appeal refixing the land value at Rs.17 lakhs per Are. Needless to say that the claimants/respondents will be entitled for all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act on the total refixed compensation to which the respondents become eligible. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb