IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 LA.App..No. 1522 of 2009() -------------------------- LAR.232/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT/CLAIMANT: ---------------------------------------------------------- NAZEEMA, W/O.AZEEZ, KANDATHIL, PENIGALA, KAYAMKULAM. BY ADV. SSMT. ANITHA.M.N. RESPONDENT(S): RESPONDENTS/RESPONDENTS: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ADDITIONAL GOVERNMENT PLEADER, MAVELIKKARA. 2. SOUTHERN RAILWAY, ERNAKULAM. R1 BY GOVERNMENT PLEADERS SMT. K.T. LILLY, SMT. ROSE MICHEAL. R2 BY ADV. SRI. M.C.CHERIAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------------------------------ L.A.A.Nos.1522 & 1523 of 2009 ----------------------------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. These two appeals are preferred by the claimants. The properties were in Kayamkulam village and the acquisition was pursuant to Section 4(1) Notification published on 6.10.2004 for the purpose of railways, both wet and dry lands were involved. The appellant is aggrieved by what they describe as inadequate value refixed by the reference court under the impugned judgments. The learned Subordinate Judge refixed the value of wet lands at Rs.9,373/- per Are and that of corresponding dry lands at the rate of Rs.17,484/- per Are. On behalf of the railway, it is submitted by the learned Standing Counsel that in LAA No.486 of 2011, that this court has approved the refixation of the market value of identical wet lands and dry lands acquired for the same purpose in the same village respectively at Rs.30,000/- and Rs.60,000/- per L.A.A.Nos.1522 & 1523 of 2009 2 Are. The learned counsel however, pointed out that in these appeals, the claimants have claimed only for the value at the rate of 20,000/- per Are for dry lands and at the rate of 10,000/- per Are for wet lands. It was further pointed out that in LAA No.1523 of 2009 , there is a claim for enhancement only for the wet lands. It was also pointed out that in LAA No.1522 of 2009, the total enhancement claimed is at Rs.30,000/- and that in LAA No.1523 of 2009 the total enhancement which is limited to Rs.20,000/-. The above submissions of the learned Standing Counsel are not opposed by the learned counsel for the appellants. 2. In the above circumstances, we are of the view that both the appeals can be allowed in full. LAA No.1522 of 2009, the appellant is acquired a further amount of Rs.30,000/- as enhanced compensation for her acquired property. This enhanced compensation will carry benefits under Sections 23 (2), 23(1A) and 28 of the Land Acquisition Act. In LAA No.1523 of 2009, a further compensation of Rs.20,000/- is awarded to the appellant. This amount will also carry statutory benefits. L.A.A.Nos.1522 & 1523 of 2009 3 3. Both the appeals are allowed as above, however, without any order as to costs. Decree copy will be issued only after ensuring that the full court fee payable on the appeal memoranda is remitted and that while decree is provided it will also be ensured that the conditions imposed by this court while condoning the delay are complied with. PIUS C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE cms