IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 LA.App..No. 980 of 2009(D) ------------------------------- LAR.286/2000 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ----------------------------- 1. JOSEPH VINCENT, RESIDING AT JOY SADANAM, NOW EMPLOYED AT GULF COUNTRY, KUREEPUZHA, THRIKKADAVOOR VILLAGE. 2. VICTOR VINCENT, RESIDING AT JOY SADABNAM, KUREEPUZHA, THRIKKADAVOOR VILLAGE. 3. KUNJUMON VINCENT, RESIDING AT JOY SADANAM, NOW EMPLOYED AT GULF COUNTRY, KUREEPUZHA, THRIKKADAVOOR VILLAGE. 4. SURESH VINCENT, RESIDING AT JOY SADANAM, NOW EMPLOYED AT GULF COUNTRY, KUREEPUZHA, THRIKKADAVOOR VILLAGE, (APPELLANTS 1,3 AND 4 ARE REP. BY P/A.HOLDER 2ND APPELLANT). BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S)/RESPONDENT: ---------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.980 of 2009 ------------------------------------------------ Dated this the 6th day of June, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed before us by Sri.Subhashchandra Bose, the learned counsel for the appellants and Smt.T.T.Josephina, the learned Government Pleader and having taken into account the judgment of this Court in L.A.A.919/09 which is also in respect of acquisition of the land in the same village for the same purpose at more or less the same time in respect of the properties which are almost identical, we allow this appeal and re-fix the market value of the land under acquisition at ` 35,550/- per Are. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section L. A. A. No.980 of 2009 -2- 28 of the Land Acquisition Act. However, while provision is made in the decree for interest under Section 28, Registry will have due regard to the conditions imposed by this Court in its order dated 19/08/09 in C. M. Application No.1301/09. 2. The appeal is allowed, however, without any order as to costs. Registry will issue decree copy to the appellants only after ensuring that the conditions in the order dated 19/08/09 in C. M. Application No.1301/09 are complied with and that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.980 of 2009 -3-