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 25TH MAY 2011 / 4TH JYAISHTA 1933 LA.App..No.711 of 2010(C) ------------------------------ LAR.171/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------------------------- 1. VARGHESE JOHN, S/O.K.P.JOHN, KALAPPILA VEEDU, AYOOR, EDAMULACKAL VILLAGE, KOLLAM DISTRICT, NOW RESIDING AT T.C.27/1621, PATTOOR JUNCTION, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.711 of 2010 ------------------------------------------------ Dated this the 25th day of May, 2011 JUDGMENT Pius C. Kuriakose, J There is no appearance for the party respondent who has been served with notice through his Advocate who was appearing for him in the Reference Court. 2. The Government is the appellant. The property was in Vanchiyoor village. The acquisition was for the purpose of widening of Palayam - Airport road for TRIDA. The Section 4 (1) notification was published on 18/11/03. The Land Acquisition Officer fixed land value at Rs.2,71,107/- per Are. Before the Reference Court the appellant had limited his claim to Rs.6 lakhs per cent corresponding to Rs.14,82,600/- per Are. The Reference Court under the impugned judgment has re-fixed the land value at L. A. A. No.711 of 2010 -2- Rs.24,23,828/- per Are which is far in excess of what was claimed by the appellant before the court below. Smt.Latha T. Thankappan, the learned Government Pleader will brought to our notice our own judgment in LAA.467/08 where for identical property acquired for the same purpose, this Court has re-fixed the land value at Rs.16,16,000/- per Are. But according to Smt.Latha, the respondent cannot be granted enhancement at that rate in view of his limiting the claim as indicated above. 3. We find force in the submission of the Government Pleader. We allow the appeal of the Government and re-fix the market value of the land under acquisition at Rs.14,82,600/-. It is needless to mention that the claimant/respondent will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. There will be no order as to L. A. A. No.711 of 2010 -3- costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-