IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 LA.App..No. 220 of 2010() ------------------------- LAR.7/2006 of SUB COURT,THODUPUZHA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. SANKARA PILLAI, S/O.NARAYANA PILLAI, POTHANAMKUZHIYIL, KOLANI, THODUPUZHA (DIED). 2. SARADAMMA, W/O.SANKARA PILLAI, POTHANAMKUZHIYIL, KOLANI, THODUPUZHA. 3. SUJATHA RAJAN, W/O.RAJAN, AGED 52, PANICKAPARAMBIL HOUSE, THODUPUZHA P.O., ANAKKOODU. 4. SUSHAMA RAJAN, W/O.RAJAN, AGED 47, SHYAM NIVAS, MADAMON P.O., VADASSERIKKARA, PATHANAMTHITTA DISTRICT. 5. SUMI SOMAN PILLAI, W/O.SOMAN PILLAI, AGED 42, VELLIYAMKUNNEL, MUTTOM P.O., SANKARAPILLY, NOW RESIDING AT B 12, SIVAPAJAM DUPLEX, CHANDKHEDA P.O., AHAMADABAD-382424. 6. SUJI JAYAKRISHNAN, W/O.JAYAKRISHNAN, AGED 40, PUTHUKKOLIL HOUSE, THODUPUZHA P.O. 7. SUDHEESH P.A., S/O.LATE SANKARA PILLAI, AGED 38, POTHANAKUZHIYIL HOUSE, KOLANI P.O., THODUPUZHA, . BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, IDUKKI DISTRICT. 2. THE ASSISTANT ENGINEER, K.S.T.P.PROJECT DIVISION, P.W.D.PONKUNNAM, KANJIRAPPILLY. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN FOR R1&2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 220 of 2010 ----------------------------------------------- Dated this the 14th day of January, 2011 J U D G M E N T Pius C.Kuriakose, J. The claimants are in appeal. Their property in Thodupuzha Village within the limits of Thodupuzha Municipality were acquired for the purpose of widening of Ponkunnam – Thodupuzha Road, KSTP Project. The acquisition was pursuant to Section 4(1) notification published on 20-12-2000. The awarding officer awarded land value at the rate of Rs.29,583/- per Are. The reference court on evaluating the evidence would refix the land value at Rs.87,533/- per Are. In this appeal various grounds are raised assailing the judgment of the reference court and the appellant claims a total enhancement of Rs.2 lakhs over and above what is awarded to him under the impugned judgment. Having considered the submissions addressed by Sri.K.R.Sunil, learned counsel for the appellant and Smt. Latha T.Thankappan, senior Govt. Pleader and having taken into account the judgment of this court in State of Kerala v. LAA. 220/10 -2- Jose Simon, 2009 (1) KLT 760 which is in respect of acquisition of land in Thodupuzha Village pursuant to a notification of 1999 and a judgment of this Court which was delivered by this Court today, LAA. No. 925/10, pertaining to the present acquisition itself, we feel that there is every justificationf or allowing this appeal to the extent of rates at Rs.45,000/- per cent corresponding to Rs.1,11,195/- per Are. It is accordingly refixed. Enhanced compensation will be calculaged on this basis. On the enhanced compensation the appellant will be entitled for all statutory benefits admissible under section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The appeal is allowed to the above extent. The parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-