IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 177 of 2011(D) -------------------------- LAR.107/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR: ------------------------------------- STATE OF KERALA REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS AND R2 IN LAR: --------------------------------------- 1. THE SENIOR DIVISIONAL MANAGER, LIC OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695 010. ADV. SRI.S.EASWARAN FOR R1 SRI.K.A.JALEEL, SC., TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 177 OF 2011 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. The appeal is by the Government. The property was in Vanchiyoor village and the purpose of acquisition was widening of LMS – Attakkulangara Road for TRIDA. Relevant Section 4(1) notification was published on 7/8/2004. The Land Acquisition Officer awarded land value at Rs.4,11,665/- per Are . The Reference Court under the impugned judgment refixed the land value at Rs.24,70,000/- per Are. 2. Having considered the submissions addressed by the learned senior Government Pleader Smt.Latha T.Thankappan and Sri.S.Easwaran learned counsel for the claimant and Sri.K.A.Jaleel learned standing counsel for the TRIDA, we find that the issue is covered to a certain extent in favour of the Government by the judgment of this court in L.A.A. No.263/2009. Relying on the above judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.21,60,000/- LAA.No.177/2011 2 per Are. The parties are directed to suffer their respective costs. It is clarified that the interest under Section 28 will become admissible from the date of dispossession and not from the date of the award as wrongly stated in the impugned judgment. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk