IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 LA.App..No.1065 of 2007 (A) ---------------------------------- LAR. NO.248/1989 OF PRL. SUB COURT, KOLLAM --------------- APPELLANT(S): 1ST CLAIMANT ------------------------------------ GOURI AMMA SARASAMMA AMMA, THUNDATHIL HOUSE, PERUMON KIZHAKKE CHERRY, PANAYAM VILLAGE, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): RESPONDENT ------------------------------------ THE STATE OF KERALA. GOVERNMENT PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.1065 of 2007 ------------------------------------------------ Dated this the 14th day of July, 2009 JUDGMENT Pius C. Kuriakose, J Even though several grounds have been raised in this appeal preferred by the claimant and Sri.B.Suresh Kumar, the learned counsel for the appellant addressed his arguments on all those grounds, only ground (C) in the memorandum, appeals to us. Ground (C) is that the court below having decided to fix the value of the property under acquisition at 75% of the value revealed in Ext.A3, was not justified in granting only Rs.4,000/- per cent. 2. It is seen from Ext.A3 that the value reflected in that judgment is Rs.6,000/- per cent. 75% of that should come to Rs.4,500/- and not Rs.4,000/-. L. A. A. No.1065 of 2007 -2- Accordingly, we allow this appeal to the extent of re- fixing market value of the land under acquisition at Rs.4,500/- per cent. 3. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of our re-fixation of land value done under this judgment. 4. Appeal allowed to the above extent, but in the circumstances without any order as to costs. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-