IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 LA.App..No. 516 of 2011() ------------------------- LAR.514/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. T.AKSA JOHN, T.C.4/1033, VALAVUCHIRAKKAL, KOWDIAR, THIRUVANANTHAPURAM. 2. MARY SWANSON, T.C.4/1033, VALAVUCHIRAKKAL, KOWDIAR, THIRUVANANTHAPURAM. POWER OF ATTORNEY HOLDER T.AKSA JOHN OF DO. DO. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695005. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM-695003. GOVERNMENT PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 516 OF 2011 ------------------------ Dated this the 2nd day of September, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.T.T.Josephina learned Government Pleader has taken notice on behalf of the respondents and we have heard the submissions of Smt.M.Hemalatha learned counsel for the appellants and those of the learned Government Pleader. 2. This appeal pertains to acquisition of land in Kowdiar village for the purpose of widening of Pattom - Kowdiar road at the behest of the TRIDA. The Section 4 (1) notification was published on 16/9/2004. The Land Acquisition Officer awarded land value at the rate of Rs.2,13,408/- per Are. The Reference Court under the impugned judgment would refix the land value at Rs. 3 Lakhs per Are. 3. In this appeal, the claim is confined to Rs.10 Lakhs per cent. We notice our own judgment in L.A.A. No.492/2011. According to us, the issue raised by the appellants is covered in favour of the appellants to a considerable extent by that LAA.No.516/2011 2 judgment. Following that judgment, we allow this appeal and refix the market value of the land under acquisition at Rs.22 Lakhs per Are. The appellants will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the refixed compensation. Parties are directed to suffer their respective costs. The decree copy will be issued only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk