IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 LA.App..No. 411 of 2011(C) ------------------------------ LAR.296/07 OF II ADDL. SUB COURT, THIRUVANANTHAPURAM ----------------------------- APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANTHAPURAM, 2. THE SPECIAL TAHSILDAR (L.A GENERAL), MARAKKADA ROAD,CHALAI, THIRUVANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR RESPONDENT(S): CLAIMANTS IN LAR ------------------------------------------ 1. GEORGE KURIAN,RESIDING AT KOMBASSERIYAL HOUSE, KOTTARAKAVU,MAVELIKKARA, PIN 690101. 2. SHEENA PHILIP,RESIDING AT KOMBASSERIYAL HOUSE,KOTTARAKAVU, MAVELIKKARA PIN 690 101. 3. ARUN KOSHY, RESIDING AT KOMBASSERIYAL HOUSE, KOTTARAKAVU, MAVELIKARA PIN 690 101. 4. RADHAKRISHNAN, S/O.CHELLAPPAN PILLAI, HOTEL CITY TOWER,OVERBRIDGE, THAMPANOOR,THIRUVANANTHAPURAM 695 001. SRI.K.T.THOMAS SRI.V.M.KURIAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.411 of 2011 ------------------------------------------------ Dated this the 23rd day of November, 2011 JUDGMENT Pius C. Kuriakose, J The Government is in appeal. The property was in Vanchiyoor village. The relevant Section 4(1) notification was published on 11/09/04. The Land Acquisition Officer awarded land value at the rate of ` 3,39,625/- per Are. The Reference Court on evaluating the evidence that came on record would re-fix the land value at ` 24,70,000/- per Are. Sri.C.R.Shyamkumar, the learned Senior Government Pleader submitted that the rate fixed by the Reference Court is excessive. The learned senior Government Pleader refers to various judgments of this Court fixing land value in various parts of Thiruvananthapuram city including the judgment of this Court in L.A.A.263/09. L. A. A. No.411 of 2011 -2- 2. Sri.K.T.Thomas, the learned counsel appearing for the claimants/respondents submitted that when the importance of the locality and the market value of land in various areas of Thiruvananthapuram city is taken into account, it is claimants who should be aggrieved and not the Government. He submitted that there is no warrant for interference with the impugned award. 3. Having anxiously considered the rival submissions and having kept in mind scores of judgments passed by this Court in respect of acquisition of land in various parts of Thiruvananthapuram city, particularly the common judgment in L.A.A.2008/08, L.A.A.263/09 and connected cross objections we are of the view that the rate presently fixed by the learned Subordinate Judge is slightly excessive. Keeping all relevant aspects in mind, we allow this appeal and re-fix the value of lands under acquisition at ` 21,60,000/- per Are. L. A. A. No.411 of 2011 -3- The claimants/respondents will be entitled for all statutory benefits on the total re-fixed compensation. The parties are directed to suffer their respective costs in this appeal. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE