IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 LA.App..No. 1203 of 2008() -------------------------- LAR.70/2001 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): -------------- STATE OF KERALA, REPRESENTED BY ADDL. GOVERNMENT PLEADER, MAVELIKKARA. BY ADDL.ADVOCATE GENERAL SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): --------------- 1. SARASAMMA, D/O PARU, NAMBIYATHU VEEDU, PALLANA, THRIKKUNNAPUZHA. 2. INLAND WATER WAYS AUTHORITY OF INDIA. ADV. SMT.A.SALINI LAL FOR R1 SRI.V.SANTHARAM, SC, IWAI FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN IA.2662/2008 DISMISSED. 12-11-2009. SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE // True Copy // P.A. To Judge PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1203 of 2008 A ``````````````````````````````````````````````````````` Dated this the 12th day of November, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal pertains to acquisition of land in Thrikkunnapuzha village for the purpose of the second respondent authority. The Land Acquisition Officer awarded land value at the rate of Rs.5,574/- per Are. The reference court, under the impugned judgment, refixed the same at Rs.13,935/- per Are. 2. Our attention is drawn by the learned senior Government Pleader as well as by the standing counsel for the requisitioning authority to our own judgment in L.A.A.No.617/2006. The above judgment pertains to a case for acquisition of land in the same village for the same purpose. Having regard to the decision taken under that judgment, this appeal is liable to be allowed. Accordingly, we allow the appeal. In modification of the judgment and decree under appeal, we refix the value of land under acquisition at Rs.12,541.50. It is needless to mention that LAA.1203/08 : 2 : the claimant respondent will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The appeal is allowed as above but without any order as to costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks