IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 LA.App..No. 578 of 2011(D) -------------------------- LAR.52/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- V.K. DASAN, S/O. KELAN, VELATHUPARAMBIL, POONNARIMANGALAM, MULAVUKAD, ERNAKULAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.S.DILEEP RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPL. TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR, ERNAKULAM 682 031 2. CHAIRMAN, COCHIN PORT TRUST, W. ISLAND, ERNAKULAM. 682 003 GOVT. PLEADER SMT. ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 578 of 2011 ----------------------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimant is the appellant. His property in Mulavukad Village was acquired for the purpose of construction of four line road connectivity from Kalamassery to ICTT of Vallarpadam. The L.A. Officer awarded land value at the rate of Rs.67,891/- per Are. The reference court re- fixed the land value at Rs.95,047/- per Are. Sri.S.Dileep, learned counsel for the appellant draws our attention to our common judgment in LAA. No. 503 of 2011 which in fact arose out of one of the cases covered by the impugned common judgment. We have gone through the above judgment. We are convinced that the above judgment covers the issue fully in favour of the appellant. Accordingly, we allow the appeal re-fixing the value of the land under acquisition at Rs.5,86,895/- per Are. The LAA. No. 578/2011 -2- appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the L.A. Act. However, while decree is drafted, the section will have due regard to the conditions imposed by this court while allowing C.M. Application No. 1304 of 2011. Decree copy will be issued only after ensuring that the full court fee is paid and also that the conditions imposed by us in our order in C.M. Application No. 1304 of 2011 have been complied with. Appeal is allowed, however without any order as to costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-