IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App..No. 1395 of 2008() -------------------------- LAR.96/2002 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- B.VILASINI AMMA, TC.NO.50/756, KILLIVIAKATHU VEEDU, DEVINAGAR, KALADI, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS/RESPONDENT): --------------- 1. STATE OF KERALA,( SPL.TAHSILDAR) ADDL.L.A.UNIT VANCHIYOOR, TRIVANDRUM REP. BY THE DISTRICT COLLECTOR TRIVANDRUM 2. PRINCIPAL GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, TRIVANDRUM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, ALONG WITH LAA NO. 1509 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos.1395, 1509 & 1651 OF 2008 ------------------------ Dated this the 16th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Having considered the submissions addressed before us by Sri. G.S.Reghunath learned counsel for the appellants and Smt.Latha T.Thankappan learned senior Government Pleader for the respondents, we are inclined to allow these appeals. The properties under acquisition were in Manacaud village . The acquisition was pursuant to Section 4(1) notification published on 13/10/1998. The purpose of acquisition was the expansion of Homeopathic medical college at Thiruvananthapuram. The Land Acquisition Officer awarded land value at the rate of Rs.17,907.5 per Are. The Reference Court under the impugned judgment refixed the land value at Rs.80,000/- per Are. 2. We notice the judgment of this court in L.A.A. No.2365/2008. We find that under that judgment for identical properties acquired for the same purpose pursuant to the same notification, this court has refixed the land value at Rs.2,10,000/- LAA.No.1395/2008 & others 2 per Are. Relying on the above judgment, we allow these appeals to the extent of refixing the market value of the land under acquisition at Rs.2,10,000/- per Are. The appellants/claimants will be entitled for statutory benefits admissible under Section 23 (2), 23 (1A) and Section 28 of the Act on the total refixed compensation. While drafting the decree and providing for interest under Section 28, the Section will have due regard to the conditions if any imposed by this court while condoning the delay in filing the appeals. The Registry will issue decree copy to the appellants only after ensuring that the full court fee payable on the appeal memoranda as per the amended valuation is remitted and the conditions imposed by this court while permitting the amendment of the valuation are complied with. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk