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 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 LA.App..No. 1312 of 2010() -------------------------- LAR.151/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT/CLAIMANT --------------------------------- JANAMMA, PUTHENKANDATHIL, PERINGALA, KAYAMKULAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S)/RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA. 2. SOUTHERN RAILWAY, ERNAKULAM. R1 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR R2 BY ADVS. SRI.C.S.DIAS,SC,RAILWAYS SRI.M.C.CHERIAN,SR. SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A.No. 1312 of 2010 ------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The claimant is in appeal. Her dry land in Kayamkulam village situated within the limits of Kayamkulam Municipality was acquired for the purpose of Railways pursuant to Section 4 (1) notification published on 6.10.2004. Land Acquisition Officer awarded land value at the rate of Rs.53,955/- per Are. Reference court on evaluating the evidence adduced by the claimant refixed land value at Rs.80,932/- per Are. In this appeal it is urged that the market value refixed by the reference court is inadequate. A total enhancement of Rs.30,000/- per Are is claimed in this appeal. 2. Having considered the submissions addressed at the bar by Sri.C. Rasheed, learned counsel for the appellant, Sri.M.C. Cherian, learned standing counsel for the Railways who was supported in his submissions by the learned senior Government Pleader Sri.C.R.Syamkumar, we feel that to a certain extent the issue raised is covered in favour of the appellant by the judgment of this court in LAA.75/2010. In that LAA.1312/10 -2- case this court would enhance land value of identical lands situated in the same area acquired for the same purpose from Rs.44,145/- to Rs.72500/- thus granting an enhancement of 65%. Following the reasons stated in that judgment we allow this appeal and refix the market value of land under acquisition at Rs.89,000/- per Are. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. However, while decree is drafted and provision is made for interest under Section 28, the section will have due regard to the conditions imposed by us in our order on CMP.2158/2010. Decree copy will be issued to the appellant only after ensuring that full court fee on the appeal memorandum is remitted. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb