IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 LA.App..No. 1057 of 2010(D) -------------------------------- LAR.18/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT IN LAR 18/2008 ------------------------------------------------ T.M.RAJAN, S/O.SHAMMER MATHEW, J.J.VILLA, TC NO.33/1649, KODUNGANNOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.LAL GEORGE SMT.M.J.INDUJA RESPONDENT(S): RESPONDENTS 1 AND 2 IN LAA NO.18/08 ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT-COLLECTOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN SRI.M.RAJAGOPALAN NAIR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1057 of 2010 ------------------------------------------------ Dated this the 14th day of March, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His property in Sasthamangalam village was acquired for the purpose of widening of student's centre - LMS - Sasthamangalam Public Road pursuant to Section 4(1) notification published on 02/03/05. The Land Acquisition Officer fixed the land value at Rs.3,37,155/- per Are. The Reference Court on evaluating the evidence adduced by the parties would re-fix the land value at Rs.4,17,229.31/- per Are. The ground seriously raised in this appeal is that the land value should have been re-fixed at least at Rs.20 lakhs per Are in view of subsequent judgments passed by this Court in connected matters. 2. Having considered the submissions addressed before L. A. A. No.1057 of 2010 -2- us by Sri.Lal George, the learned counsel for the appellant and by Smt.Latha T. Thankappan, the learned Senior Government Pleader and having gone through the impugned judgment and having taken into account other relevant materials including the judgment of this Court in LAA.1096/10, we are of the view that there is every justification for allowing this appeal to the extent of re-fixing the land value at Rs.18 lakhs per Are. Hence, we allow the appeal re-fixing the market value of land under acquisition at Rs.18 lakhs per Are. 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. Parties are however, directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1057 of 2010 -3-