IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 LA.App..No. 526 of 2010(B) ------------------------------- LAR.37/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS: ----------------------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S)/CLAIMANTS: ---------------------------------- 1. C.I.PREMNATH, T.C.31/865(2), SWATHY, CHAKAI, PETTAH P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.SREEKANTH S.NAIR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.526 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property under acquisition was in Pettah village. The acquisition was for the purpose of Palayam-Airport road. The relevant Section 4(1) notification was published on 23/11/03. The Land Acquisition Officer awarded land value at the rate of Rs.2,16,886/- per Are. The Reference Court re-fixed the land value at Rs.16,54307/- per Are. 2. We have heard the submissions of Smt.T.T.Josephina, the learned Government Pleader and those of learned counsel for the respondent. Our attention is drawn by Smt.Josephina to the judgment of this Court in LAA.867/08. We find merit in her submission that the issue L. A. A. No.526 of 2010 -2- involved in this appeal is covered in favour of the Government by judgment of this Court in LAA.867/08. Relying on the judgment of this Court in LAA.867/08, we allow the appeal to the extent of re-fixing the land value at Rs.14 lakhs per Are. The claimant will be entitled for all statutory benefits on the re-fixed amount. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-