IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 868 of 2010() ------------------------- LAR.150/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/CLAIMANT: -------------- M.J JOSE MARY,D/O.JACOB,MATHIRAPPALLY HOUSE,EDAYAKUNNAM,S.CHITTOOR P.O,CHERNELLOOR. BY ADV. SRI.E.D.GEORGE RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE SPECIAL TAHSILDAR (L.A),NH NO.1,KAKKANAD. 2. THE EXECUTIVE ENGINEER,NH(B)DIVISION, KODUNGALLUR. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 868 OF 2010 ------------------------ Dated this the 16th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. It is conceded by both sides that the issue raised by the claimant in this appeal is covered in her favour to a considerable extent by a judgment of this court in L.A.A. Nos.621/2010 and 222/2010. A copy of the judgment in L.A.A. No.621/2010 is available before us for perusal. 2. Under the above circumstances, we are of the view that the market value, which was awarded to the claimant in L.A.A. No.621/2010, should be granted to the appellant also. Hence, we allow the appeal and refix the market value of the land under acquisition at Rs.1,89,000/- per Are. The appeal is allowed to the above extent only. The appellant/claimant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Act on the total enhanced compensation to which she becomes eligible by virtue of this judgment subject to what this Court has already ordered in C.M.Appln. No.1320/2010. The Section will LAA.No.868/2010 2 have due regard to the conditions imposed by this Court in C.M.Appln. No.1320/2010 while drafting the decree. The appeal is allowed, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk