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. 321 of 2011() ------------------------- LAR.6/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANTS 1 & 2 : -------------- 1. GEORGE FERNANDEZ T.C.NO. 26/568 EDEN HOUSE, OOTTUKUZHY, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. MATHEW FERNANDEZ, S/O. EFRAIN FERNANDEZ T.C. NO.26/568, EDEN HOUSE, OOTTUKUZHY, VANCYHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S)/RESPONDENTS --------------- 1. THE STATE OF KERALA REP. BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.LATHA T.THANKAPPAN BY SRI.K.A.JALEEL ( SC FOR TRIDA) THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L..A.A.No. 321 OF 2011 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Upon this appeal coming up for admission, Smt.Latha T.Thankappn, learned senior Government Pleader has taken notice on behalf of the first respondent and Sri.C.K.Jaleel learned standing counsel has taken notice on behalf of the 2nd respondent TRIDA. 2. This appeal pertains to acquisition of land in Vanchiyoor village pursuant to Section 4(1) notification published on 21/5/2005 for the purpose of widening of Vanrose – Oottukuzhy -Secretariat road. The Land Acquisition Officer awarded land value at the rate of Rs.2,73,245/- per Are including the property in category B. The Reference Court appreciating the evidence, which consisted of Exts.A1 to A3, R1 to R4 and the oral evidence of AW1 claimant, refixed the land value by granting increase by 40% over the rate awarded by the LAO. 3. In this appeal various grounds are raised assailing what is described as the inadequacy in the compensation LAA.No.321/2011 2 redetermined by the Reference Court. The learned Government Pleader would very fairly bring to our notice the judgment of this court in L.A.A. No.617/2010. We find that the above judgment has been rendered in an appeal pertaining to acquisition of identical property for the same purpose pursuant to the same notification. We find that under that judgment land value has been refixed at Rs. 17 Lakhs per Are. Following the above judgment, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.17 Lakhs per Are. The appeal is allowed as above extent. On the refixed compensation, the appellant/claimant will be entitled for statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. Parties are directed to suffer their respective costs. The Registry will issue decree copy to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk