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 28TH JULY 2011 / 6TH SRAVANA 1933 LA.App..No. 241 of 2011() ------------------------- LAR.95/1992 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- SREEDHARAN,S/O PARAMU,AGED 75 YEARS, KIZHAKKEBHAGATHU VEETTIL,SREEVIHAR,MULLUVILA CHERY VADAKKEVILA,KOLLAM. BY ADV. SRI.V.JAYAPRADEEP SMT.SADHANA KUMARI ESWARI SRI.SANEESH KUNJUKUNJU RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA,REP;BY THE SPL.TAHSILDAR (LA),NH BYE PASS,KOLLAM-691001. 2. THE EXECUTIVE ENGINEER,PWD,NH DIVISION, KOLLAM-691001.(REQUISITION AGENCY,BEING NECESSARY PARTY). 3. SASIDHARAN,KIZHAKKEBHAGATHU VEETTIL, SREEVIHAR,MULLUVILA CHERY,VADAKKEVILA VILLAGE, KOLLAM-691010. 4. BALAN(BALAKRISHNAN),KIZHAKKEBHAGATHU VEETTIL,SREEVIHAR,MULLUVILACHERY,VADAKKEVILA VILLAGE,KOLLAM-691010. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 241 OF 2011 ------------------------ Dated this the 28th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned Government Pleader Sri.V.T.K.Mohanan has taken notice on behalf the respondents in this appeal preferred by the claimant. 2. The property was in Vadakkevila village and the acquisition was for the purpose of NH-47 Kollam bye pass. The Land Acquisition Officer awarded land value at the rate of Rs.9,176/- per Are. The Reference Court under the impugned judgment refixed the same at Rs.18,525/- per Are. 3. Strong reliance is placed by Sri. V.Jayapradeep learned counsel for the claimant on Annexures A6 and A7 judgments of this court. It is not in dispute that those two judgments of this court pertain to acquisition of identical property for the same purpose. It is seen from those judgments that this court has refixed the value of land at the rate of Rs.13,500/- per cent. 4. Following those judgments we allow this appeal and refix LAA.No.241/2011 2 the land value at Rs.13,500/- per cent. The appellant will be entitled for all statutory benefits on the total refixed compensation. However, while provision is made in the decree for interest under Section 28, the Section will have due regard to the conditions imposed by this court in C.M.A. No.538/2011 dated 13/7/2011. The Section will issue decree copy only after ensuring that all the conditions therein are complied with and that full court fee payable on the appeal memorandum is remitted. The parties are directed to suffer their respective costs. We clarify that the benefit of this judgment and decree will be available to the appellant/claimant in this case alone and not to the other claimants before the Reference Court. In other words, this judgment pertains only to the one third of the compensation which is due for the entire property under acquisition. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk