IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 LA.App..No. 455 of 2011() ------------------------- LAR.66/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- INDIRA BHAI AMMA, D/O.CHELLAMMA, T.C.4/2152, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A..No. 455 OF 2011 ------------------------ Dated this the 19th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, the learned Government Pleader Smt.T.T.Josephina has taken notice on behalf of the respondent. 2. We have heard Sri.J.Harikumar learned counsel for the claimant/appellant and the learned Government Pleader. According to us, this appeal pertaining to acquisition of land in Kowdiar Village for the purpose of development of Pattom - Kowdiar road is covered to a great extent in favour of the appellant by our own common judgment delivered yesterday in L.A.A. Nos.1108/2010 and connected cases. Under that judgment, we refixed the value of identical land at Rs.22 Lakhs per Are. In the present appeal, the claim is limited to Rs.22 Lakhs per Are. Hence, we are of the view that the appellant can be granted Rs.22 Lakhs per Are. We allow this appeal and refix the market value of the land under acquisition at Rs.22 Lakhs per Are. The appellant will be LAA.No.455/2011 2 entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. The appellant will be entitled for proportionate costs also. However, while drafting the decree, the Section will have due regard to the conditions imposed by this court in its order in C.M.Appln.1030/2011 dated 9/8/2011. The decree copy will be issued to the appellant only after ensuring that full court fee is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk The figure "Rs.22 Lakhs per Are" occurring in lines 8,9,10 and 11 of the 2nd paragraph and in line 2 of the last paragraph of the judgment dated 19/9/2011 in L.A.A. No.455/2011 is corrected and substituted as Rs.20 Lakhs per Are" vide order dated 22/9/2011 in I.A. No.2763/2011 in L.A.A. No.455/11. SD/- Registrar (Judicial)