IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 LA.App..No. 702 of 2011() ------------------------- AR.566/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. OMANA.G., T.C. 36/887, MARASSERY MADOM, PERUMTHANNI, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 2. R.VISHNU, T.C. 36/887, MARASSERY MADOM, PERUMTHANNI, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,COLLECTORATE, THIRUVANANTHAPURAM- 695005. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695003. BY GOVT.PLEADER SRI.C.K.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A NO. 702 OF 2011 ------------------------ Dated this the 12th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On this appeal preferred by the claimants coming up for admission, Sri.C.K.Shyam Kumar learned senior Government Pleader has taken notice on behalf of the Government. We have heard him also. 2. This appeal pertains to acquisition of land in Muttathara village for the purpose of widening of Eanchakkal - Sreevaraham - Attakkulangara road pursuant to Section 4 (1) notification published on 30/10/2004. The Land Acquisition Officer awarded land value at the rate of Rs.2,47,000/- per Are. The Reference Court under the impugned judgment would refix the land value at Rs.3,21,000/- per Are. 3. Smt.Hemalatha learned counsel for the appellants drew our attention to the judgment of this court in L.A.A. LAA No. 702 /2011 2 No.1197/2010. According to her, for identical property acquired for the same purpose, this court has refixed the value of land at Rs.17 Lakhs per Are. She submitted that though the claim in the present appeal is Rs. 18 Lakhs per Are, it will suffice if the appellants are awarded value at the rate of Rs. 17 Lakhs per Are. 4. Smt.Hemalatha would now draw our attention to the judgment of this court in L.A.A. No.1/2011. According to her, pursuant to the same notification in this case for properties in Petta Village acquired for the same purpose, this court has approved refixation of value at the rate of Rs. 17 Lakhs per Are. Petta and Muttathara villages are nearby villages and hence there is every justification for awarding Rs. 17 Lakhs per Are in this case. 5. Having anxiously considered the rival submissions addressed at the Bar, we are of the view that the judgment in L.A.A. No.1197/2010 should be considered more probative value than the judgment in L.A.A. No.1/2011. We are inclined to follow the judgment in L.A.A. No.1197/2010. The appeal will stand allowed refixing the value of the land LAA No. 702 /2011 3 under acquisition at Rs.17,00,000/- (Rupees Seventeen Lakhs) per Are. The appellants/claimants will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and under Section 28 of the L.A.Act. The parties are directed to suffer their respective costs. The Section will issue decree copy to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk LAA No. 702 /2011 4