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 29TH JUNE 2011 / 8TH ASHADHA 1933 LA.App..No. 1051 of 2010() -------------------------- LAR.207/2008 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): LEGAL REPRESENTATIVE OF THE DECEASED CLAIMANT ----------------------------------------------------------- JOSEPH, S/O.LATE MATHEW, KACHAPPILLY, VALLUVALLY. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S)/RESPONDENT: --------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), NH.NO.3, VYTTILA, ERNAKULAM - 682 019. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1051 OF 2010 ------------------------ Dated this the 29th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the claimant pertains to acquisition of land in Kottuvally village for the purpose of widening of NH 17 from Varapuzha to Cheriappilly pursuant to Section 4(1) notification published on 23/8/2004. Under the impugned judgment, the Reference Court has refixed the value of land at Rs.1,78,304/-. In this appeal the appellant claims refixation of land value at Rs.1,86,000/- per Are i.e. Rs.7696/- per Are more than what is allowed by the Reference Court. 2. It is fairly brought to our notice by the learned senior Government Pleader Sri. V.T.K.Mohanan himself that by the judgment in L.A.A. No.1299/2009 this court refixed the value of identical land acquired for the same purpose in the same village at Rs.1,86,000/- per Are. Hence, we allow this appeal and refix the market value of the land at Rs.1,86,000/- per Are. The appellant will be entitled for all statutory benefits on the refixed LAA.No.1051/2010 2 compensation. The appeal will stand allowed, however, without any order as to costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk