IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 LA.App..No. 275 of 2005() ----------------------------------- LAR.168/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT -------------------------------------- N.PANKAJAKSHAN, JAYASREE NIVAS, THEKKUMBHAGAM MURI, KAZHAKKOTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.VIJAYAN SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. ELECTRONICS TECHNOLOGY PARK (KERALA), KARIAVATTAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. R1 BY GOVT. PLEADER SRI.T.T.JOSEPHINE R2 BY ADVS. SRI.P.A.AHAMED, SC, TECHNOPARK R2 BY SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE R2 BY ADVS.SRI.P.V.LOHITHAKSHAN, SMT.P.VIJAYAMMA, SMT.UMA GOPINATH, SRI.DEVIDAS.U.K, SRI.SANDEEP.E. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- LAA 275 OF 2005-C -------------------------------------------------------- Dated this, the 5th day of July 2011 Judgment Pius.C.Kuriakose, J. Having regard to the submissions addressed by Sri.K.K.Vijayan, learned counsel for the appellant and Smt.T.T.Josephina, learned Government Pleader, we are of the view that the issue raised in this appeal preferred by the claimant is covered in favour of the appellant by the judgment of this court in L.A.A.No.1769/07. The above L.A.A. was in respect of acquisition of identical property for the same purpose, pursuant to the same notification. In that judgment, we have re-fixed the market value of identical lands @ Rs.18,779/- per Are. Hence we allow this appeal and re-fix the market value of land @ Rs.18,779/- per Are. The appellant will be entitled to all statutory benefits admissible under Sections 23(1A), 23(2) and 28 of the Land Acquisition Act. The parties are directed to LAA275/05 2 suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta LAA275/05 3