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 10TH AUGUST 2010 / 19TH SRAVANA 1932 LA.App..No. 462 of 2010(A) ------------------------- LAR.305/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/RESPONDENT: -------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S)/CLAIMAND & R2: --------------- 1. THE GENERAL SECRETARY, KERALA SARVODAYA SANGH, GANDHI ASHRAMAM, CIVIL STATION, KOZHIKODE. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.R.S.KALKURA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.462 of 2010 ---------------------------------- Dated this the 10th day of August, 2010 JUDGMENT ---------------- Pius C.Kuriakose,J. Having regard to the submissions addressed before us by the learned senior Government Pleader Smt.R.Bindu and by Sri.R.S.Kalkura, learned counsel for the respondents we are of the view that the issue raised in this appeal is covered by our own judgment in L.A.A.No.263/2009 in favour of the Government to a considerable extent. L.A.A.263/2009 was in respect of identical property acquired for the same purpose. Following the decision taken by us in the judgment referred above, we re-fix the market value of the land under acquisition at Rs.21,60,000/- (Rupees Twenty one lakhs sixty thousand only) per Are. 2. Appeal is allowed as above. The appellants/ claimants will be entitled for all statutory benefits L.A.A.462/10 2 admissible under Section 23(1A), 23(2) and 28 of the Land Acquisition Act. It is clarified that the benefit under Section 28 of the Land Acquisition Act will become admissible from the date of dispossession, i.e. from 16.3.2006. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb