IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 LA.App..No. 207 of 2011() ------------------------- LAR.37/1992 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- NARAYANAN SARALA, CHARUVILA VEEDU, AYATHIL CHERRY, VADEKKEVILA VILLAGE, KOLLAM, NOW RESIDING AT "SAKTHI", SOORYA NAGAR, AYATHIL, VADEKKEVILA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENT(S): RESPONDENT ------------------------- THE STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI .A.C.VINCENT FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No. 207 OF 2011 ------------------------ Dated this the 1st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. We have heard the submissions of Sri.A.C.Vincent learned Government Pleader for the respondent. 2. This appeal pertains to acquisition of land in Vadekkevila Village within the limits of Kollam Corporation for the purpose of construction of Kollam Bye-pass. The LAO included 13.26 Ares of land under acquisition in a superior category and awarded land value at the rate of Rs. 9176/- per Are corresponding to Rs.3713/- per cent. A small portion extending to .70 Ares of land was included by the LAO in the inferior category for which the LAO awarded only Rs.1146/- per Are. We notice our own judgment in L.A.A. No.1321/2010 which is produced by the appellant as Annexure 1. 3. Having gone through Annexure I, we are convinced that Annexure I covers the issue in favour of the appellant. Following Annexure I judgment,. we allow this appeal and refix LAA.No.207/2011 2 the market value of the land, for which the LAO had awarded Rs.9176/- per cent, at Rs.13,500/- per cent. Similarly, maintaining the ratio maintained by the LAO between the value of the two categories of properties, we refix the value of 0.70 ares of land, for which the LAO awarded land value at Rs.1146/- per Are, at Rs.2025/- per cent. The appellant will be entitled for all statutory benefits. However, while decree is drafted and provision is made for interest under Section 28, the Section will have due regard to the conditions imposed by this court in its order in C.M.Appln. 425/2011. The Registry will issue decree copy only after ensuring that the conditions in the above order are complied with and also that the full court fee payable on the appeal memorandum is remitted. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk LAA.No.207/2011 3