IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 LA.App..No.1671 of 2007 (C) --------------------------------- LAR.23/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANT/RESPONDENT ---------------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT/RESPONDENT IN THE LAR ------------------------------------------------------------- G.SARASWATHY AMMA, CHANDINI, MANNANTHALA, THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1671 of 2007 ------------------------------------------------ Dated this the 16th day of October, 2009 JUDGMENT Pius C. Kuriakose, J This appeal preferred by the Government pertains to acquisition of land in Ulloor village pursuant to a section 4(1) notification published on 24/02/1998 for the purpose of widening of road from Kesavadasapuram to Mannanthala Reach-I. The Land Acquisition Officer awarded land value at the rate of Rs.1,28,562/- per Are. Under the impugned judgment, the Reference Court relying on Ext.A1, re-fixed the same at Rs.2,50,000/- per Are. 2. Heard Sri.Basant Balaji, the learned Senior Government Pleader and Sri.R.Manoj, the learned L. A. A. No.1671 of 2007 -2- counsel for the claimant. 3. Sri.Basant Balaji submitted that Ext.A1 was a case where the Land Acquisition Officer had awarded Rs.1,40,600/- per Are and the Reference Court granted Rs.2,50,000/- per Are. But, in this case, it was a much lesser amount which was awarded by the Land Acquisition Officer for the properties under acquisition. The learned Government Pleader brought to our notice our own judgment of this Court in L.A.A.233/08 wherein we allowed the Government's appeal by setting aside the judgment of the Reference Court wherein land value awarded at the rate of Rs.1,28,562/- per Are (as in the present case) was enhanced to Rs.2,50,000/- per Are and re-fixed the land value at Rs.2 lakhs per Are. Following the decision taken in LAA.233/08, we modify the judgment L. A. A. No.1671 of 2007 -3- and decree of the Reference Court and re-fix the value of the lands under acquisition at Rs.2 lakhs per Are. 4. The appeal will stand allowed to the above extent. But, on the total enhanced compensation to which the claimant becomes eligible by virtue of this re-fixation, she will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and section 28 of the Land Acquisition Act. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-