IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 LA.App..No. 631 of 2011(C) ------------------------------- LAR.29/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: ----------------------------- NISHAD, S/O GOPAKUMAR, CHANDU BHAVAN, CHACKAI, THIRUVANANTHAPURAM, REP. BY HIS POWER OF ATTORNEY HOLDER, CHANDRAVATHY, SYAM NIVAS, T.C.6/59, MOOLAYILKONAM, PRASANTH NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 695001. 2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, POST BOX NO.5424, VIKAS BHAVAN P.O., MUSCOT SQUARE, THIRUVANANTHAPURAM PIN - 695033. SR. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.631 of 2011 ------------------------------------------------ Dated this the 15th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. His property in Pettah village was acquired by the respondents for the development of the International Airport, Thiruvananthapuram pursuant to Section 4(1) notification published on 10/08/04. The Land Acquisition Officer awarded him land value at the rate of ` 1,21,507/- per Are. The Reference Court re-fixed the land value at ` 2,97,692.15/- per Are. 2. We have heard the submissions of Sri.Gopakumar R. Thaliyal, the learned counsel for the appellant and those of Sri.C.R.Shyamkumar, the learned senior Government Pleader for the respondents. Sri.Gopakumar Thaliyal would place before us copies of judgments of this Court in L.A.A.753/10 and L.A.A.1145/10. On going through those judgments, we are convinced that the issue raised in this L. A. A. No.631 of 2011 -2- appeal is covered in favour of the appellant by those judgments. Following those judgments, we allow this appeal and re-fix the market value of the land under acquisition at ` 10 lakhs per Are. The appellant/claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23 (1A) and under Section 28 of the Land Acquisition Act. The appeal is allowed, however without any order as to costs. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge