IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 LA.App..No. 499 of 2008(D) ------------------------------------- LAR.237/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT -------------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.SHYSON P.MANGUZHA. RESPONDENT/ CLAIMANT ------------------------------------ SMT. KANTHYMATHY SRIRAM, T.C.16/1417 VEERABHADRA GARDEN, PATTOM PALACE THIRUVANANTHAPURAM. BY ADV. MR.R.S.KALKURA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 499 of 2008(D) ORDER ON I.A. NO.1082/2008 IN L.A.A. NO.499/2008 DISMISSED 03/11/2009. SD/- PIUS C.KURIAKOSE, JUDGE SD/- K.SURENDRA MOHAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.499 of 2008 ------------------------------------------- Dated this the 3rd day of November, 2009 JUDGMENT Pius C.Kuriakose,J. This appeal preferred by the Government pertains to acquisition of land in Kowdiar Village for the purpose of widening of road from Kesavadasapuram-Mannanthala Reach II. Relevant section 4(1) notification was published on 28.4.1999. The L.A.Officer awarded land value at the rate of Rs.3,18,416/- per cent. The reference court under the impugned judgment re-fixed the same at Rs.6 lakhs per Are. 2. Our attention is drawn by the learned Government Pleader Mr.Shyson Manguzha to the judgments of this Court in LAA No.2320/2008 and 1297/2008 which also pertain to acquisition for the same purpose pursuant to the same notification but in respect of another category, the enhancement granted is about 77%, whereas under the former judgment, the enhancement granted is only 55%, we are of the view that since the property under the present case is in Kowdiar Village, the claimant/respondent is entitled for at least the same rate LAA No.499/2008 2 of enhancement as given to the party in LAA No.1297 of 2008. 3. Mr.R.S.Kalkura, the learned counsel for the respondent would resist the submissions of the learned Government Pleader and supported the impugned judgment on various grounds. But we are of the view that in the light of the reference court's judgment the land value will have to be re-fixed at Rs.5,50,000/- per Are. Accordingly, in modification of the impugned judgment, we re-fix the land value at Rs.5,50,000/- per Are. 4. The appeal stands allowed to the above extent. It is needless to mention that the claimant/respondent will be entitled for all statutory benefits admissible under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act on the total enhanced compensation to which she becomes eligible by virtue of the judgment in this appeal. In the above circumstances, the parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/