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 10TH FEBRUARY 2011 / 21ST MAGHA 1932 LA.App..No. 1030 of 2010() -------------------------- LAR.286/2007 of ADDL.SUB COURT, PARAVUR .................... APPELLANT(S): CLAIMANTS ----------------------- JOSE ,S/O.THOMAS,PAYYAPPILLY HOUSE, KALADY KARA, KALADY VILLAGE, ALUVA TALUK. BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL SRI.PAUL VARGHESE (PADAYATTIL) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA,REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. POWER GRID CORPORATION OF INDIA LTD., REPRESENTED BY THE CHIEF MANAGER,KAKKANAD,KOCHI. ADV. SRI.MILLU DANDAPANI FOR R2 GOVERNMENT PLEADER FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, ALONG WITH LAA NO. 1072 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- LAA. Nos. 1030 & 1072 of 2010 ----------------------------------------------- Dated this the 10th day of February, 2011 J U D G M E N T Balakrishnan, J. The claimants are in appeal. Their properties were was acquired for construction of 400/220 KV Sub Station at Pallikkara. The notification under Section 4(1) was published on 26-3-2005. The land acquisition officer computed compensation fixing the land value at Rs.23,256/- per Are. The reference court after evaluating the oral and documentary evidence re-fixed the land value at Rs.33,721/- per Are giving enhancement by Rs.10,465/- per Are. The claimant contends that the land value fixed by the reference court is inadequate. 2. We notice that as per the judgment in LAA. No. 1532 of 2009 the land value for similar land acquired for the same purpose pursuant to the same notification was re-fixed. The land acquired falls under category - C. This court re-fixed LAA. Nos. 1030 & 1072 of 2010 -2- land value for land falling under Category-C at Rs.38,380/- per Are. The appellant have claimed compensation in these appeals at the rate of Rs.38,372/- per Are. Hence these appeals are allowed to the extent of re-fixing land value at Rs.38,372/- per are. The appellants will be entitled to all statutory benefits admissible under Section 23(1A), 23(2) and section 28 of the Land Acquisition Act. (PIUS C.KURIAKOSE, JUDGE) (N.K. BALAKRISHNAN, JUDGE) ksv/-