IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 LA.App..No. 1163 of 2010() -------------------------- LAR.160/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT: ------------------------------------------ V.K.RAJAN, S/O.KESAVAN, T.C.10/1536, MURUKAVILASOM BUNGLOW, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.RAM MOHAN.G., SRI.G.P.SHINOD. RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI.TK.VIPINDAS R2 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. OF INDIA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.1163 of 2010 ------------------------------- Dated this the 19th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimant is in appeal. Property extending to 2.40 ares belonging to the claimant was included in 'D' category by the LAO. Similarly, property extending to 3.30 ares was included in 'E' category. For the properties included in 'D' category, the LAO awarded value @ Rs.25,859/- per are. For properties in category 'E', the LAO awarded value @ Rs.20,687/- per are. The reference court under the impugned judgment awarded a unilateral rate of Rs.33,100/- per are for the entire property acquired. Our attention is drawn by Sri.Ram Mohan G. to the judgments of this Court in L.A.A.Nos.1136 of 2010, 1137 of 2010, 1138 of 2010 and 1140 of 2010. On going through the above judgments it is seen that, the value of properties 2 L.A.A.No.1163 of 2010 included in 'D' category by the LAO has been re-fixed at Rs.2,91,420/- per are. Similarly, we notice from the judgments itself that the value of the properties included by the LAO in 'E' category has been re-fixed at Rs.2,33,145/- per are. We do not find any reason as to why the same rates should not be allowed to the appellant. According to us, the learned Sub Judge has committed mistake in proceeding, as if the entire property under acquisition was one and the same category. We allow this appeal and re-fix the value of 2.40 ares of land included by the LAO in 'D' category at Rs.2,91,420/- per are. Similarly, we re-fix the value of 3.30 ares of land included by the LAO in 'E' category at Rs.2,33,145/- per are. The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits on the re-fixed land value admissible under Sections 23(2), 23(1)A and 28 of the Land Acquisition Act. The parties have to suffer their 3 L.A.A.No.1163 of 2010 respective costs. The Registry will issue decree copy only after ensuring the full court fee on the appeal memorandum is remitted. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/