IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 LA.App..No. 106 of 2008 (B) ------------------------------- LAR.217/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANTS ---------------------------------- G.SURESH KUMAR, S/O.GANGADHARAN, SHYLAJAMANDIRAM, CHACKAI, PETTAH VILLAGE, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.106 of 2008 ------------------------------------------------ Dated this the 15th day of March, 2011 JUDGMENT Pius C. Kuriakose, J We find merit in the submissions of the learned Government Pleader that this case is covered in favour of the Government by judgment of this Court in L.A.A.362/08. Under that judgment, this Court re-fixed the value of similar lands acquired for the same purpose pursuant to the same notification at Rs.1,75,000/- per Are. Relying on that judgment, we allow this appeal to the extent of re-fixing the value of the land under acquisition at Rs.1,75,000/- per Are. But we clarify that the claimant/respondent will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- -2-