IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 LA.App..No. 1055 of 2010(C) -------------------------------- LAR.87/2008 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT(S): CLAIMANT. ------------------------------ STEPHEN, S/O. PAUL, PANAKKAPARAMBIL, PALLIPURAM KARA, REPRESENTED BY POWER OF ATTORNEY HOLDER K.M.GEORGE, KOKRICKAL, KOTTUVALLY. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENT. ------------------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHASILDAR (LA), NH.NO.3, VYTTILA, ERNAKULAM - 682 019. SR. GOVT. PLEADER SRI.V.T.K. MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1055 of 2010 ------------------------------------------------ Dated this the 11th day of January, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the claimant pertains to acquisition of land in Kottuvally village of Paravur Thaluk for the purpose of widening of N.H.-17 from Varapuzha to Cheriappilly. The relevant Section 4(1) notification was published on 23/08/04. The Land Acquisition Officer included the property in category-3 and awarded land value at the rate of Rs.87,576/- per Are corresponding to Rs.35,442/- per cent. The Reference Court would re-fix the land value on the basis of the evidence which came on record at Rs.58,478/- per cent. In this appeal, it is contended that the value re-fixed by the Reference Court is quite inadequate. Having heard L. A. A. No.1055 of 2010 -2- the submissions of Sri.Philip T. Varghese, the learned counsel for the appellant and those of Sri.V.T.K.Mohanan, the learned senior Government Pleader and having taken into account the common judgment of this Court in L.A.A.713/2010 series, we are of the view that the issue is covered to a certain extent in favour of the claimant by the above common judgment. Relying on the above common judgment, we allow the appeal and re-fix the value of land under acquisition at Rs.1,62,000/- per Are. The appellant will be entitled for all statutory benefits on the enhanced compensation to which he becomes eligible by virtue of this judgment. However, while calculating the interest under Section 28, the section will have due regard to the conditions imposed by us in our order in C. M. Application No.1597/10. Registry will issue decree copy only after ensuring that the full court fee is remitted and that the conditions imposed by us on the delay petition are complied L. A. A. No.1055 of 2010 -3- with. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-