IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 LA.App..No. 1277 of 2009(D) --------------------------- LAR.173/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): 1ST CLAIMANT -------------------------- MANUAL K.S.S/O. SEBASTIAN, KOTTEPARAMBIL, VADAKKUMBHAGOM, KANAYANNUR TALUK, EDAPPALLY (N), ERNAKULAM. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA)NH.NO.1,KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH(B) DIVISION, KODUNGALLUR. GOVT. PLEADER SMT. LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14-06-2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1277 of 2009 ----------------------------------------------- Dated this the 14th day of June, 2010 J U D G M E N T Pius C.Kuriakose, J. Claimant is the appellant. His property in Edappally North Village was acquired for the purpose of widening of NH 17. The L.A. Officer included the property in category-II and awarded land value at the rate of Rs.1,20,000/- per Are. Relying on the evidence that was adduced by the claimant the Reference Court re-fixed the value at Rs.1,68,000/- per Are. 2. In this appeal various grounds have been raised and Sri.E.D.George addressed us on the basis of those grounds. The submissions of Mr.George were resisted by Smt. Latha T.Thankappan, senior Govt. Pleader. Having considered the rival submissions we feel that the learned Subordinate Judge was a little miserly while fixing the market value. We notice our own judgment in LAA. Nos. 222 of 2009 and 1232 LAA. No. 1277/09 -2- of 2009 and we are of the view that there is justification for re-fixing the land value at Rs.1,80,000/- per Are. It is accordingly re-fixed. For the total enhanced compensation to which the appellant becomes eligible by virtue of this judgment, he will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-