IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 LA.App..No. 473 of 2011() ------------------------------------ LAR.NO. 414/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ------------------------------------------- 1. SREEKANTAN NAIR,SREE BHAVAN, TC. NO.4/2171,KURUNGANUR,THIRUVANANTHAPURAM. 2. SREEKALA,SREE BHAVAN, TC. NO.4/2171,KURUNGANUR,THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. THE STATE OF KERALA,REP.BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM BY GOVT. PLEADER,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SECRETARY,TRIDA,THIRUVANANTHAPURAM.695 001 R1 BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.473 of 2011 ------------------------------- Dated this the 18th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimants are in appeal. Their properties in Kowdiar village were acquired for the purpose of development of Pattom- Kowdiar road. The reference court under the impugned judgment refixed the land value at Rs.2,25,000/- per cent. Our attention is drawn by Sri.D.Sajeev learned counsel for the appellants to our own judgment today delivered in L.A.A.Nos.726 of 2010, 754 of 2010, 1056 of 2010, 1108 of 2010, 1122 of 2010 and 1182 of 2010 fixing the value of identical lands at Rs.22 lakhs per are. Learned counsel argued that the claim for the present appeal is for Rs.10 lakhs per cent and hence there is every justification for allowing this appeal and refixing the market value at Rs.22 lakhs per are. The above submission was opposed by Smt.T.T.Josephina, learned Government Pleader. According to her, before the reference court, the claim was only for Rs.19,76,800/- per are. According 2 L.A.A.No.473 of 2011 to her, awarding of compensation at rates above what was claimed by the reference court will not be justified. We find some merits in the submission of learned Government Pleader. We allow this appeal and refix the market value of land under acquisition at Rs.19,76,800/- per are. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed compensation. The parties are directed to suffer their respective costs. It shall be also be ensured that before issuing decree copy, the full court fee payable on the appeal memorandum is remitted. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/