IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 LA.App..No. 619 of 2011() ------------------------- LAR.51/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- MR.MANUAL DISILVA, VALIYAKADATHU, KALATHIPARAMBIL HOUSE, MULAVUKADU P.O, MULAVUKADU VILLAGE. BY ADV. SMT.P.A.SULEKHA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SPL.TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR, ERNAKULAM, PIN-682 031. 2. CHAIRMAN, COCHIN PORT TRUST, W.ISLAND, ERNAKULAM. PIN-682 035. GOVERNMENT PLEADER SMT.ROSE MICHAEL R2 BY E.K.NANDAKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2011, ALONG WITH L.A.A. NO.620/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No. 619 & 620 OF 2011 ------------------------ Dated this the 11th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. Both these appeals are preferred by the claimants whose lands in Mulavukad village was acquired pursuant to Section 4 (1) notification published on 13/2/2008 for the purpose of construction of 4 line road connectivity from Kalamassery to Vallarpadam Terminal. The LAO awarded land value at the rate of Rs.67,891/- per Are. The Reference Court would refix the land value at the rate of Rs.95,047/- per Are as against the appellants claim of Rs.6,17,500/- per Are. 2. In these appeals various grounds are raised urging that the market value redetermined by the Reference Court is grossly inadequate. As directed by us, M/s. Menon & Pai has taken notice on behalf of the requisitioning authority and we have heard learned counsel Smt. Thusara James on their behalf . LAA.No.619 & 620/2011 2 3. Having considered the submissions addressed by Smt.Sulekha P.A. learned counsel for the claimants, Smt.Thusara James learned counsel for the requisitioning authority and Smt. Rose Michael learned Government Pleader, who supported the requisitioning authority in her submissions, we are of the view that issue is covered to a considerable extent in favour of the appellants. 4. We notice the judgment of this court in L.A.A. No.1344/2010, 114/2011 and 503/2011 and refix the market value of the lands under acquisition at Rs.5,86,895/- per Are. The appellants will be entitled for all statutory benefits admissible under Section 23(2), 23 (1A) and Section 28 of the Act on the refixed compensation. However, while decree is drafted, the Section will have due regard to the conditions imposed by this in the applications for condonation of delay filed in these two appeals. It should be ensured that the cost ordered to be paid under those orders have been paid. Decree copy will be issued to the appellants only after the same is so ensured and it should be further ensured that the full court fee payable on the appeal memoranda is remitted by the appellants in both LAA.No.619 & 620/2011 3 these cases. The appeals will stand allowed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk