IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933 LAA.No. 672 of 2009 (C) -------------------- LAR.10/2006 of SUB COURT, NEDUMANGAD -------------------- APPELLANT(S)/CLAIMANT ------------------------ 1 V.SURESH, SON OF VELAPPAN NAIR, SANTHI NIKETHAN KOLIYAKKODE NEDUMANGAD TRIVANDRUM. BY ADV.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S) ------------- 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT TRIVANDRUM. 2 THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT PULAMON KOTTARAKKARA. SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21-12-2011 , ALONG WITH LAA. 1066/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. Nos.672 & 1066 of 2009 ------------------------------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the submissions addressed by Sri.T.R.Harikumar, the learned counsel for the appellants and those by Sri.C.R.Shyamkumar, the learned Senior Government Pleader and having taken into account the judgment of this Court in L.A.A.1349/09 which pertains to acquisition of land for the same purpose pursuant to Section 4(1) notification but included in a slightly superior category, we feel that these appeals are meritorious to a certain extent. We allow both these appeals re-fixing the market value of the lands under acquisition at ` 61,000/- per Are. Parties are directed to suffer their respective costs in the appeals. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Decree copy will be L. A. A. Nos.672 & 1066 of 2009 -2- issued to the appellants only after ensuring that full court fee payable on the appeal memorandum is remitted. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE