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 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 LA.App..No. 300 of 2011(D) -------------------------- LAR.56/2008 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT(S): APPELLANT/RESPONDENT NO.1. IN LAR. ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR,(LA), ICTT, VALLARPADAM, ELOOR. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANT AND ADD.L.RESPONDENT NO.2 IN LAR: --------------- 1. P.T.FRANCIS, S/O.THOMAS, PANAKKAL,C/O.XAVIER PANAKKAL, VAYALITHRA, KOTHAD P.O. 2. THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND. ADV. SRI.E.K.NANDAKUMAR FOR R-2 SMT.THUSHARA JAMES FOR R-2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 300 OF 2011 ------------------------ Dated this the 27th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. Even though the claimant/respondent was served with notice in the delay petition, which was in fact a notice regarding the admissibility of the appeal, he has not chosen to enter appearance before this court for resisting this appeal. 2. We have heard Smt.T.T.Josephina, learned Government Pleader as well as Smt.Thusara James learned counsel for the requisitioning authority. The ground, which is seriously urged , is that the court below went wrong in awarding the full value reflected in the minutes of the DLPC where the rate is fixed taking into account the statutory components which will have to be paid if land acquisition proceedings are resorted to. The Land Acquisition Officer awarded land value at the rate of Rs.77,440/- per Are. The Reference Court under the impugned award has refixed the value at the rate of Rs.2,14,976/- per Are. LAA.No.300/2011 2 3. We find force in the submissions of the learned Government Pleader as well as Smt.Thusara James learned counsel for the requisitioning authority. We allow this appeal and refix the market value of land under acquisition at Rs.1,50,133/- per Are. The claimant/respondent will be entitled for all the statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the market value refixed as above. The parties are however directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk