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 DECEMBER 2009 / 18TH AGRAHAYANA 1931 LA.App..No. 68 of 2008() ------------------------ LAR.128/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- 1. STATE OF KERALA (SPECIAL TAHSILDAR, LA PWD (SC), THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD (ROAD) DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI ADDL.ADVOCATE GENERAL RESPONDENT(S): CLAIMANTS: ------------------------- 1. KARUNAKARAN, TC.47/5, SATHY SADANAM, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 2. CHELLAMMA VASUMATHY, W/O. KARUNAKARAN, TC.47/5, SATHY SADANAM, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.N.P.PRAJEESH FOR R1 & 2 SRI.K.MADHAVANKUTTY FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 68 of 2008 B ``````````````````````````````````````````````````````` Dated this the 9th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. Today also no representation for the claimant respondents. The appeal pertains to acquisition of land for the purpose of construction of Jagathy bridge across Killi river at Thiruvananthapuram. Relevant Section 4(1) notification was published on 06-11-2000. The Land Acquisition Officer awarded land value at the rate of Rs.2,96,400/- per Are. The reference court relied on the judgments in LAR Nos.131/2003 and 133/2003 and re-fixed the land value at Rs.6 lakhs per Are. It is brought to our notice that this Court in LAA.No.691/2009 re-fixed the value of identical lands covered by the very same acquisition at Rs.3,30,000/- per Are. Following the above judgment, appeal is to be allowed and the market value of the land re-fixed. Accordingly, in modification of the judgment of the reference court, we re-fix LAA.68/2008 : 2 : the market value of the land under acquisition at Rs.3,30,000/- per Are. Appeal is allowed as above but without any order as to cost. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks The first sentence “Today also no representation for the claimant respondents” occurring in the judgment dated 09/12/2009 in L.A.A. No.68/2008 is corrected and substituted as “We have heard the submissions of the learned Senior Government Pleader and Sri.N.P.Prajeesh, counsel for the respondent claimant” vide order dated 05/03/2010 in I.A.4485/2009. Sd/- Registrar(Judicial)