IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 LA.App..No. 533 of 2010 --------------------------- LAR.475/2008 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)/CLAIMANTS & RESPONDENT NO.2 IN LAR: ------------------------------------------------------------------ 1. A.SHAHUL HAMEED, S/O.AHAMMED KANNU, FAROOQ MANZIL, EANCHAKKAL JUNCTION, PETTAH, THIRUVANANTHAPURAM. 2. THE MANAGER, INDIAN OVERSEAS BANK ARISTO JUNCTION BRANCH, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R3 SMT.HEMALATHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L.A.A. No.533 of 2010 ------------------------------------------------ Dated this the 26th day of May, 2011 JUDGMENT Pius C. Kuriakose, J Even though the respondent/claimant has been served through the Advocate who was appearing for him in the Reference Court, he has not turned up for resisting this appeal. 2. The appeal pertains to acquisition of land in Pettah village for the purpose of widening of Thakaraparambu - Eanchakkal N.H. Byepass road pursuant to Section 4(1) notification published on 27/07/2004. The Land Acquisition Officer awarded land value at the rate of Rs.3,08,750/- per Are. The Reference Court on evaluating the evidence re-fixed the land value at Rs.28 lakhs per Are. 3. In this appeal the Government contends that the enhancement granted by the court is excessive. Smt.Latha T. Thankappan, the learned senior Government Pleader would draw our attention to the judgment of this Court in LAA.1/11. The L.A.A. No.533 of 2010 -2- above L.A.A was in respect of acquisition of land in the same village pursuant to Section 4(1) notification dated 30/10/04 for the purpose of Eanchakkal - Sreevaraham - Attakkulangara road. We feel that the above judgment has some relevance in this case. Relying on the principles adopted in that judgment, we allow this appeal and reduce the market value of the lands under acquisition to Rs.21,24,200/- per Are. 4. The appeal is allowed to the above extent. The claimant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L.A.A. No.533 of 2010 -3-