IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 LA.App..No. 412 of 2011(C) ------------------------------- LAR.310/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------------------------- THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANT & R2 -------------------------------------- 1. DR.M.C.MOHAN, ANUPAMA, TC 13/913(1), CHACKAI P.O., THIRUVANANTHAPURAM-695001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM VAZHUTHACAUD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM - 695010. ADV. SRI.D.AJITHKUMAR FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.412 of 2011 ------------------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Pettah village and the acquisition was for the purpose of widening of Bakery - Palayam - Airport Road pursuant to Section 4(1) notification published on 23/11/03. The Land Acquisition Officer awarded land value at the rate of ` 2,16,886/- per Are which was enhanced by the Reference Court under the impugned award to ` 16,54,307/- per Are. Both sides agree that the issue is covered in favour of the Government to a certain extent by judgment of this Court in L.A.A.1973/08 and many other judgments, a copy of this judgment in L.A.A.1973/08 is made available for perusal. Following that judgment we allow this appeal and re-fix the market value of the land under acquisition at ` 14 lakhs per Are. The claimant will be entitled for all statutory benefits L. A. A. No.412 of 2011 -2- admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the re-fixed compensation. Parties will however suffer their respective costs in the appeal. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE