IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 LA.App..No. 751 of 2009 (C) -------------------------------- LAR.148/2007 of SUB COURT, PALA .................... APPELLANT(S)/CLAIMANT: ----------------------------- ST. MARY'S FERINE CHURCH, BHARANANGANAM. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT(S)/RESPONDENT: ------------------------------------ STATE OF KERALA, REP. BY THE COLLECTOR, KOTTAYAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, A/W LAA.1033/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. Nos.751 & 1033 of 2009 ------------------------------------------------ Dated this the 3rd day of June, 2010 JUDGMENT Pius C. Kuriakose, J We have today by a detailed judgment in L.A.A. No.1012/09 series re-fixed the land value of identical properties acquired for the same purpose pursuant to the same notification at Rs.85,000/- per Are. For the reasons stated in that common judgment, the market value of the lands involved in these two appeals preferred by St. Mary's Forane Church Bharananganam is also liable to be re-fixed at Rs.85,000/- per Are. The market value of the lands under acquisition is accordingly re-fixed. L. A. A. Nos.751 & 1033 of 2009 -2- 2. In LAA.751/09, the total claim is limited to Rs.1,48,000/-. We find that the claim for enhancement made in LAA.751/09 is towards land value and towards value of structures. Having re- considered the evidence in that case, we feel that there is justification in LAA.751/09 for awarding a sum of Rs.56,000/- as enhancement in land value and a further amount of Rs.58,000/- as enhancement in structure value. Accordingly, allowing LAA.751/09, the appellant is awarded Rs.56,000/- towards enhancement in land value and Rs.58,000/- towards enhancement in structure value. No costs. 3. In LAA.1033/09, the appellant has limited his claim to Rs.59,950/-. But we find that in this appeal, the claim is on account of land value only on the basis of the re-fixation of the market value L. A. A. Nos.751 & 1033 of 2009 -3- at Rs.85,000/- per Are. The appellant will be entitled only for Rs.43,600/- towards enhancement in land value. We therefore, allow LAA.1033/09 and award to the appellant a sum of Rs.43,600/-. LAA.1033/09 is allowed to the above extent. No costs. 4. It is needless to mention that the appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total enhanced compensation to which they become eligible by virtue of this judgment. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-