IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 LA.App..No. 638 of 2011() ------------------------- LAR.172/2007 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): CLAIMANT: ----------------------- KRISHNAKUMARI, THANUVELIL MEENATHERIL PERINGALA, KAYAMKULAM. BY ADV. SRI.C.P.RAVIKUMAR SRI.S.MOHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SOUTHERN RAILWAY REPRESENTED BY GENERAL MANAER, THROUGH EXECUTIVE ENGINEER (CONSTRUCTION-DOUBLING), KAYAMKULAM. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 BY GOVT.PLEADER SRI.C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No.638 OF 2011 ------------------------ Dated this the 24th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Her property in Kayamkulam Village situated within the limits of Kayamkulam Municipality both wet lands and reclaimed lands were acquired for the purpose of the 2nd respondent. The Reference Court under the impugned award refixed the value of wet lands at Rs.15,000/- and that of reclaimed lands at Rs.30,000/- per Are. 2. We have heard the submissions of Sri.C.P.Ravikumar learned counsel for the appellant and also those of Sri. M.C.Cherian learned Standing Counsel for the Railways. Our attention is drawn by Mr.Ravikumar to the judgment of this court in L.A.A. No. 854/2010. Having gone through the above judgment, we are of the view that the issue raised by the appellant in this case is covered to a considerable extent in favour of the appellant. It is not disputed that the above judgment has attained finality. LAA.No.638/2011 2 3. Following the judgment in L.A.A. No.854/2010, we allow this appeal and refix the value of wet land under acquisition at Rs.30,000/- per Are. Similarly, we refix the value of reclaimed land at Rs.60,000/- per Are. The appellant will be entitled for all statutory benefits. While providing statutory benefits, the decree section will have due regard to the conditions imposed by this court in C.M.Appln. 1477/2011. The parties will suffer their respective costs in the appeal. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum has been paid and also that the conditions imposed in C.M.Appln. 1477/2011 are complied with. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk