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 9TH JUNE 2011 / 19TH JYAISHTA 1933 LA.App..No. 2300 of 2008(D) --------------------------- LAR.129/1999 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- SARADHAMMA, D/O KARTHIYANI AMMA, GOKULAM VEEDU, NEERAVIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 2300 OF 2008 ------------------------ Dated this the 9th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Thrikkadavur village for the purpose of construction of bye- pass pursuant to Section 4(1) notification published on 26/3/1996. Under the impugned judgment, the court below has refixed the land value at Rs.16,884/- per Are. 2. We notice the judgments of this court in L.A.A. Nos.594/2010 and 175/2011. We find from those judgments, that for identical lands acquired for the same purpose, this court has refixed the land value at Rs.27,450/- per Are. According to us, there is justification for refixing the land value in this case at Rs.27,450/- per Are. However, we find that the appellant has specifically limited her claim to 25,884/- per Are. Hence, we allow this appeal to the extent of refixing the market value of the land under acquisition at Rs.25,884/- per Are. The appellant will L.A.A.No.2300/2008 2 be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed compensation to which she becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk