IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 LA.App..No. 1643 of 2008(A) -------------------------- LAR.78/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR, LA, KOCHIN REGINERIES LTD, VYTTILA, TRIPUNITHURA. BY SENIOR GOVT.PLEADER MS.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- 1. A.C.MOHANAN, HARI VIHAR, DIWANS ROAD, ERNAKULAM. 2. THE MANAGING DIRECTOR, KINFRA, KINFRA HOUSE ANNEX, T.C.NO.9/2585,ELANKOM GARDENS, VELLAYAMBALAM, THIRUVANANTHAPURAM. ADVS. SRI.G.S.REGHUNATH FOR R2 SRI.K.C.CHARLES FOR R1 SRI.A.BALAGOPALAN FOR R1 SRI.A.RAJAGOPALAN FOR R1 SRI.C.MURALI FOR R1 SMT.V.B.SANTHINI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA1643/08 ORDER ON I.A.3800 OF 2008 IN LAA.1643 OF 2008 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 18.3.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1643 of 2008 ---------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The issues involved in this appeal are to a great extent covered in favour of the appellant and requisitioning authority. We have today by a common judgment in LAA.1070/2007 and connected matters disposed of a number of appeals pertaining to acquisition for the same purpose. Having regard to the reasons stated in that judgment the value of the land involved in this appeal which was included by the Land Acquisition Officer in Category II for which the reference court refixed value at Rs.86,000/- per Are has to be reduced to Rs.76,400/- per Are. For the same reasons the value of land which was refixed by the court below at Rs.81,700/- has to be reduced to Rs.76,530/- per Are. Accordingly we reduce the value of land at Rs.76,400 and Rs.76,530/- respectively. Appeal stands allowed to the above extent. Cost allowed originally will stand reduced proportionately in accordance with the modified decree L.A.A.1643/08-A 2 being passed in the appeal. Claimants will be entitled for all statutory benefits on the total enhanced compensation to which they become eligible by virtue of this judgment. Appeal is allowed. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb