IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 LA.App..No. 141 of 2011() ------------------------- APPELLANT(S): CLAIMANT ---------------------- SAROJINI RAMADEVI, KALAPANA BHAVAN,AYATHIL CHERI, VADAKKEVILA PO, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 141 OF 2011 ------------------------ Dated this the 1st day of March, 2011 JUDGMENT Pius C.Kuriakose, J. On this appeal coming up for admission, as directed by us, Smt.Latha T.Thankappan, learned senior Government Pleader has taken notice on behalf of the respondent. 2. We have heard Smt.P.Lissy Jose learned counsel for the appellant/claimant and the learned senior Government Pleader. Our attention was drawn by the learned counsel for the claimant/appellant to the judgment of this court in L.A.A. No.203/2004. It was submitted that under that judgment for lands acquired pursuant to the same notification, but in a different category, this court has granted 263% enhancement over what was granted by the Land Acquisition Officer. Granting 263% enhancement over what was granted by the Land Acquisition Officer in this case, the market value will have to be L.A.ANo.141/2011 2 refixed at Rs.30,230/- per Are. The learned counsel requested that the appeal be allowed to that extent. 3. Smt.Latha T.Thankappan learned senior Government Pleader agreed that the judgment in L.A.A. No.203/2004 has some relevance in this case. But, according to her, as the appellant/claimant had limited her claim before the Reference Court to Rs.10,000/- per cent, the appellant cannot aspire for more than so much of value even though in the present appeal the claim is for Rs.12,115/- per cent. 4. Having considered the rival submissions, we find force in the submission of the learned senior Government Pleader that even if the judgment in L.A.A. No.203/2004 is applied, the appellant cannot be awarded more than Rs.10,000/- per cent for her acquired property. Hence allowing this appeal, we refix the market value of the land under acquisition at Rs.10,000/- per cent. The appellant will be entitled for all statutory benefits on the refixed compensation to which she becomes eligible by virtue of this judgment. However, while drafting the decree, the Registry will have due regard to the conditions imposed by this court L.A.ANo.141/2011 3 regarding Section 28 interest in its order dated 10/2/2011 in CM.Appln. No.283/2011. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk