IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 LA.App..No. 730 of 2011() ------------------------- LAR.130/2008 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANTS: -------------- 1. SABU, S/O. SATHYAN VAIYAMOOLA MURI, CHANTHU BHAVAN, CHACKAI THIRUVANANTHAPURAM. 2. SREEJA, D/O. USHA, VAIYAMOOLA MURI, CHANTHU BHAVAN, CHACKAI, THIRUVANANTHAPURAM. 3. USHA, D/O. GOMATHY, VAIYAMOOLA MURI, CHANTHU BHAVAN, CHACKAL THIRUVANANTHAPURAM. 4. CHANDRAMOHAN, S/O. SADASIVAN, VAIYAMOOLA MURI, CHANTHU BHAVAN, CHACKAI, THIRUVANANTHAPPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.A.CHANDRA BABU RESPONDENT(S)/RESOIBDEBTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM PIN - 695 023 2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, POST BOX NO. 5424, VIKAS BHAVAN (PO) MUSCOT SQUARE, THIRUVANANTHAPURAM, PIN - 695 033. SRI.C.R.SHYAMKUMAR (R1 AND R2) THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ L.A.A.NO. 730 OF 2011 ------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their property in Pettah village was acquired for the purpose of development of International Airport, Thiruvananthapuram pursuant to Section 4 (1) notification published on 10/8/2004. The property was included in category No.2 and the appellant was awarded value at the rate of Rs.1,09,357/- per Are. The Reference Court on evaluating the evidence Ext.A1, which was produced by the appellant, would refix the land value at Rs.1,36,696/- per Are. The ground, which is prominently raised in this appeal, is that by virtue of the judgment in L.A.A. No.732/2010 and connected matters the value of identical lands has to be refixed by this court at Rs.9,50,000/- per Are. The arguments of Mr.Gopakumar learned counsel for the appellants were also based on the above common judgment. 3. The learned senior Government Pleader Sri.C.R.Shyamkumar submitted that in this case the only L.A.A. No. 730 /2011 2 evidence was Ext.A1. What could be granted under Ext.A1 has been granted. The Government Pleader requested that this court may remand the matter to the Reference Court, if this court feels that the common judgment referred to by the appellant is of some probative value. 4. Even though there is some merit in the submission of the learned Government Pleader, we feel that in the interest of the Government itself it is better that we decide the issue finally. We follow the judgment in L.A.A. No.732/2010 and refix the market value of the land under acquisition at Rs.9,50,000/- per Are. The appeal will stand allowed as above. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. Parties are directed to suffer their respective costs. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk L.A.A. No. 730 /2011 3