IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 LA.App..No. 356 of 2010(D) -------------------------- LAR.369/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.JOSEPHINA RESPONDENT(S): CLAIMANT & R2 ---------------------------- 1. T. MOHANACHANDRAN, T.C.48/362 (3) 'DEVIKA', PARAVANKUNNU, POONTHURA, THIRUVANANTHAPURAM. 2. SARALA, W/O.MOHANANCHANDRAN, RESIDING AT T.C. 48/362 (3), 'DEVIKA', PARAVANKUNNU, POONTHURA,THIRUVANANTHAPURAM. 3. THE SECRETARY TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R3 SRI.D.KISHORE FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 356 OF 2010 ------------------------ Dated this the 21st day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The Government is in appeal. The property was in Vanchiyoor village. Acquisition was for the purpose of widening of Palayam – Airport road for TRIDA. Notification was published on 22/2/2004. The LAO awarded land value at the rate of Rs.3,14,251/- per Are. The Reference Court under the impugned judgment refixed the same at Rs.24,23,828/- per Are. 2. The learned Government Pleader Smt.T.T.Josephina draws our attention to the judgment of this court in L.A.A. No.1085/2008. According to her, the properties therein are identical and acquired for the same purpose and for that properties this court has refixed the compensation at Rs.18 Lakhs per Are. 3. The learned counsel for the respondent Sri.D.Kishore would however justify the impugned judgment. The learned counsel drew our attention to L.A.A. No.2008/2008 wherein this L.A.A..No.356/2010 2 court has refixed the value at Rs.24 Lakhs. But, as rightly submitted by the learned senior Government Pleader, the property in L.A.A. No.2008/2008 was superior to the acquired property in this case. That property was in the heart of Thiruvananthapuram city. At the same time we feel that there is justification for granting slightly higher value than what was granted to the party in L.A.A. No.1085/2008 in this case. There is a time lag of about 3 months between the two notifications. Hence relying on the judgment in L.A.A..No.1085/2008 itself we refix the value of land under acquisition at Rs.18,25,000/-. The appeal is allowed to the above extent. The claimant 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 they becomes eligible by virtue of this judgment. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk