IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 LA.App..No. 424 of 2011() ------------------------- LAR.32/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANTS/CLAIMANTS. ----------------------------------- 1. G.CHANDRASEKHARAN NAIR,S/O.GOPALA PILLAI AGED 54 YEARS, RESIDING AT KUNNATHU VEEDU, TC.50/652, KALADI, KARAMANA,THRIUVANANTHAPURAM. 2. G.UNNIKRISHNAN NAIR, S/O.GOPALA PILLAI, AGED 52 YEARS, RESIDING AT DO---. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S): RESPONDENTS/RESPONDENTS -------------------------------------- 1. STATE OF KERALA, (SPL.TAHSILDAR, ADDL.LA UNIT, VANCHIYOOR, THIRUVANANTHAPURAM), REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 424 OF 2011 ------------------------ Dated this the 24th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property in Manacaud Village was acquired pursuant to Section 4(1) notification published on 13/10/1998 for the purpose of formation of Herbarium for the Government Homeopathic Medical College, Thiruvananthapauram. The property was garden land and the Land Acquisition Officer awarded land value at the rate of Rs.17,907.50 per Are. The Reference Court on evaluating the evidence adduced by the parties refixed the value at Rs.80,000/- per Are. 2. Having considered the submissions addressed before us by Sri.Ayyanppan Sankar learned counsel for the appellants and Smt.T.T.Josphina learned Government Pleader, we are of the view that the issue raised in this appeal is covered in favour of LAA No.424/2011 2 the appellants by the judgments of this court in L.A.A. Nos. 1651/2008 & connected cases and L.A.A. No.2365/2008 (L.A.A.No.2365/2008 is corrected by us on 23/8/2011). 2. The learned Government pleader submitted that the Government had not preferred any appeal against the judgment which is impugned herein. We do not find any reason as to why refixation should not be done as was done in L.A.A. No.1651/2008 as the properties involved in that case and in the present case were identical and treated to be identical by the LAO also. Accordingly, we allow this appeal and refix the market value of the land under acquisition from Rs.85,000/- per cent to 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 provision is made for interest under Section 28, the Section will have due regard to the conditions if any imposed by this court in C.M.Appln. NO.972/2011 dated 28/7/2011. The Registry will issue decree copy to the appellants only after ensuring that the full court fee payable on the appeal LAA No.424/2011 3 memorandum (Rs.1,65,560/-) is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk The last sentence in paragraph 2 of the judgment dated 24/8/2011 in L.A.A. 424/2011 is deleted and substituted by the following sentence “Accordingly, we allow this appeal and refix the market value of the land under acquisition from Rs.85,000/- per Are to Rs.2,10,000/- per Are” vide order dated 10/04/2012 in L.A.A. No.424/2011. SD/- Registrar (Judicial)