IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 LA.App..No. 535 of 2011(C) ------------------------------- LAR.247/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ------------------------------ ALEX MATHEW, S/O.THOMAS MATHEW, AGED 45 YEARS, T.C.4/1074, KAIPALLIL VEEDU, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. GOVT. PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.535 of 2011 ------------------------------------------------ Dated this the 19th day of October, 2011 JUDGMENT Pius C. Kuriakose, J As directed by us Sri.C.R.Shyamkumar, the learned Government Pleader has taken notice on behalf of the 1st respondent and we have heard the submissions of Sri.R.T.Pradeep, the learned counsel for the appellant and Sri.Shyamkumar, the learned Government Pleader. The property under acquisition was in Kowdiar village and was acquired pursuant to Section 4(1) notification published on 16/09/04. The purpose of the acquisition was development of Pattom-Kowdiar road. The Land Acquisition Officer awarded land value at the rate of ` 2,13,408/- per Are. The Reference Court under the impugned judgment re-fixed the land value at ` 4,37,500/- per Are. Even though various L. A. A. No.535 of 2011 -2- grounds are raised and Sri.R.T.Pradeep addressed submissions based on those grounds, he would lastly draw our attention to our own judgment in L.A.A.726/10 and connected cases and in L.A.A.492/11, copies of those judgment were made available for our perusal. We find force in his submission that the issue raised in this appeal is covered in favour of the appellant by those judgments. It is not disputed by the learned Government Pleader that those judgments have attained finality. Under the above circumstances, following those judgments, we allow this appeal and re-fix the market value of the land under acquisition at ` 22 lakhs per Are. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while decree is drafted the Section will have due regard to the conditions imposed by us in our order in C.M.Application No.1194/11 and decree copy will be issued L. A. A. No.535 of 2011 -3- only after ensuring that the full court fee payable on the appeal memorandum is remitted. The appeal is allowed, however without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-