IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 LA.App..No. 327 of 2011() ------------------------- LAR.181/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- OMANA, D/O.BHAVANI, PUTHUKULATHU VAYALIL, NEERAVIL, THRIKKADAVUR, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVT.PLEADER SRI.V.T.K.,MOHANAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 327 OF 2011 ------------------------ Dated this the 29th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us Smt.T.T.Josephina, learned Government Pleader has taken notice on behalf of the State. 2 We find good grounds to allow this appeal to a certain extent. The property was in Thrikkadavur village and the acquisition was for the purpose of construction of Kollam National High Way Bye-pass. The Land Acquisition Officer awarded land value at Rs.10,893/- per Are. The Reference Court refixed the same at Rs.16359.5 per Are. Our attention is drawn by both sides to our own judgment in L.A.A. No.594/2010. That case pertains to acquisition of land in the same village for the same purpose pursuant to an earlier notification. Under that judgment the value of land has been refixed at Rs.27,450/- per Are. We do not find any reason as to why the same rate should not be granted to the appellant. 3. We allow this appeal and refix the market value of the LAA.No.327/2011 2 acquired land at Rs.27,450/- per Are. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act . However, while providing for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order dated 27/5/2011 in C.M.Appln. 617/2011. It should also be ensured that the cost ordered to be paid as per that order is paid and that the full court fee payable on the appeal memorandum is remitted. The appeal will stand allowed, however, without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk