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 23RD JUNE 2010 / 2ND ASHADHA 1932 LA.App..No. 629 of 2010() ------------------------- LAR.117/2006 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANT ---------------------- PRABHAKARAN NAIR,S/O.KESAVAN NAIR, PRABHAKARAN MANDIRAM, KOLANI PO, THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, IDUKKI. 2. THE EXECUTIVE ENGINEER, KSRTC DIVISION, PONKUNNAM. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 629 OF 2010 ------------------------ Dated this the 23rd day of June, 2010 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned senior Government Pleader Smt.Latha T. Thankappan has taken notice on behalf of the respondent. 2. This appeal is by the claimant and his grievance is that the Reference Court did not award the correct compensation payable for his properties in Thodupuzha village acquired pursuant to Section 4(1) notification published on 28/12/2004 for the purpose of Thodupuzha Bye pass. Our attention is drawn by Mr. K.K.Chandran Pillai learned counsel for the appellant to our own common judgment in L.A.A. Nos.298/2010 & 347/2010. 3. Having gone through the above judgment, we find that the issue raised in the present appeal is squarely covered by that judgment. The claim in the present appeal is for refixation of the market value of land at Rs.1,23,500/- per Are. We are of the view that, in view of the decision taken by us in the above common judgment, this appeal can be allowed in full. Hence, we L.A.A..No.629/2010 2 allow the appeal in full and refix the market value of land under acquisition at Rs.1,23,500/- per Are. This means that the appellant will be entitled for additional compensation of Rs.49,689/- per Are over and above what is awarded by the Reference Court. 4. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The parties are, however, directed to suffer their respective costs. The Registry will issue decree copy to the appellant only upon being convinced that the entire balance court fee is remitted by the appellant. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk