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 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 LA.App..No. 92 of 2008() ------------------------ LAR.157/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- LEKHA KUMARI, D/O.SETHU AMMA, VAYALNIKATHIYA PUTHEN VEEDU, VAYYAMOOLA, THIRUVANANTHAPURAM, NOW RESIDING AT VISAKHAM, EDAPANAYIL VEED, VAYYAMOOLA, VALLAKADAVU, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM.(DELETED AND NEW RESPONDENTS IMPLEADED) THE 2ND RESPONDENT IS SUO MOTU DELETED FROM THE ARRAY OF PARTIES AND THE FOLLOWING RESPONDENT IMPLEADED IN HIS PLACE, VIDE ORDER DT. 26-8-09 IN LAA. TRIVANDRUM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY REP. BY ITS MANAGING DIRECTOR, C/O INDUSTRIES DEPARTMENT GOVT. OF KERALA SECRETARIAT, TRIVANDRUM. SR. GOVT. PLEADER SRI.BASANT BALAJI FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ---------------------------------------------------------- LAA. No. 92 OF 2008 ----------------------------------------------- Dated this the 9th day of September, 2009 J U D G M E N T Pius C. Kuriakose, J. Having regard to the submissions of Smt. M. Hemalatha, learned counsel for the appellant and those of Sri.Basant Balaji, senior Govt. Pleader for the respondent and having gone through our own judgment in LAA. No. 79 of 2008, we are of the view that this appeal is to be allowed re-fixing value of land under acquisition at Rs.85,000/- per Are. Accordingly modifying the judgment and decree under appeal we re-fix the value of the land under acquisition at Rs.85,000/- per Are. Appeal stands allowed to that extent without any order as to costs. It is made clear that on the total enhanced compensation to which the appellant becomes entitled to by virtue of this judgment, the appellant will be entitled for all statutory benefits admissible under sections 23 (1A), 23(2) and 28 of the L.A. Act. (PIUS C.KURIAKOSE, JUDGE) (K. SURENDRA MOHAN, JUDGE) KSV/- The figure “Rs.85,000/-” occurring in the 6th & 8th lines of the judgment dated 9.9.2009 in LAA. 92/2008 is modified as “Rs.1,00,000/- (rupees one lakh only) vide order dated 5-3-2010 WP(C)N0. -2- in RP. No. 158/10. Sd/- Registrar (Judicial)