IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 LA.App..No. 75 of 2010() ------------------------ LAR.212/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): -------------- 1. THANKAMONY,W/O.CHELLAPPANACHARY PUTHENMADATHIL HOUSE, PATHIYOOR EAST MURI PATHIYOOR VILALGE, 2. ANU, AGED 36 YEARS, S/O.CHELLAPPANACHARY 3. VINU MON, AGED 32 YEARS, S/O.CHELLAPPANACHARY ,DO..DO.. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY DISTRICT COLLECTOR, ALAPPUZHA. 2. SOUTHERN RAILWAY, ERNAKULAM. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A. No.75 of 2010 ------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This appeal is preferred by the claimants complaining that the compensation redetermined by the reference court for their property in Kayamkulam village acquired for the purpose of Railways is inadequate. The acquisition was pursuant to Section 4(1) notification published on 6.10.2004. Land Acquisition Officer awarded land value at the rate of Rs.44,145/- per Are. Reference court under the impugned judgment refixed the land value at Rs.68,424/- per Are. 2. Having considered the submissions addressed before us by Sri.C.Rasheed, learned counsel for the appellant, Sri.M.C.Cherian, learned standing counsel for Railways and Sri.C.R. Syamkumar, learned Government Pleader, we are convinced that the issue raised by the claimants in this case is covered to a certain extent in their favour by a judgment of this court in LAA.1248/09. Following that judgment we allow the LAA.75/2010 -2- appeal and refix the market value of land under acquisition at Rs.72,500/- per Are. 3. Appeal is allowed. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23 (1A), 23(2) and 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. While decree is drafted and provision is made for interest under Section 28, the section concerned will have due regard to the conditions imposed in our order in C.M.A.101/2010. Decree copy will be issued only after ensuring that the entire court fee payable under the appeal memorandum is remitted. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb