IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 LA.App..No. 1096 of 2010(D) -------------------------------- LAR.494/2008 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT 1 IN LAR. ----------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): RESPONDENT/CLAIMANTS AND RESPONDENT 2 IN LAR. ---------------------------------------------------------------------------------- 1. S.VELAYUDHAN, M/S.RAJAN MEDICALS, OPP.GULF AIR, VELLAYAMBALAM, THIRUVANANTHAPURAM. PIN-695 010. 2. THULASEEDHARAN, S/O.BALAN, T.C.NO.9/69-1, LEKSHMI BHAVAN, KOWDIAR,THIRUVANANTHAPURAM. PIN-695 010. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. PIN-695 010. ADV. SRI.LAL GEORGE FOR R1 SRI.M.RAJAGOPALAN NAIR FOR R3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1096 of 2010 ------------------------------------------------ Dated this the 8th day of March, 2011 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of land in Sasthamangalam village for the purpose of widening of road from students centre - LMS to Sasthamangalam at the instance of TRIDA. The relevant Section 4(1) notification was published on 02/03/05. The Land Acquisition Officer awarded land value at the rate of Rs.3,37,155/- per Are. Before the Reference Court, the appellant relied mostly on Ext.A1 judgment apart from the oral evidence of Aws.1 and 2. The court below has under the impugned judgment re-fixed the land value at Rs.30 lakhs per Are giving additions on the value reflected on Ext.A1 on account of passage of time. It was submitted by L. A. A. No.1096 of 2010 -2- Smt.Josephina, the learned Government Pleader that there was no comparison between Ext.A1 property and the property under acquisition. Ext.A1 property was in Vanchiyoor village where the land value is much more than at Sasthamangalam. Sri.Lal George, the learned counsel for the respondents would draw our attention to Ext.A2. According to him, Ext.A2 reflects a land value of Rs.28 lakhs per cent. We are not impressed by the submissions made by Sri.Lal George with reference to Ext.A2. Ext.A2 is a post notification document. 2. Having considered the rival submissions addressed at the Bar and having kept in mind other judgments of this Court pertaining to acquisition of land in various parts of Thiruvananthapuram including the judgment in LAA.462/10 (Ext.A1 itself), we feel that the claimants/respondents cannot aspire for more than Rs.18 lakhs per Are as land value. Hence, we allow the appeal and re-fix the value of L. A. A. No.1096 of 2010 -3- land value at Rs.18 lakhs per Are. It is needless to mention that the claimant/respondent will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the total re-fixed compensation to which he becomes eligible. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-