STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM Vs. LOKANANDEN, S/O. NEELAKANDAN, KOCHETHU VEEDU, KONGAL CHERRI, PARAVOOR VILLAGE KOLLAM, NOW RESIDING AT UTHRADOM, TC. 76/158(3) ANAYARA, THIRUVANANTHAPURAM [DIED LRS IMPLEADED],

JUDGEMENT

(1.) The Government is in appeal. The property was in Pettah village. The acquisition was pursuant to Section 4(1) notification published on 10/08/04. The acquisition was for the purpose of development of Thiruvananthapuram International Airport. The Land Acquisition Officer awarded land value at the rate of Rs. 97,206/- per Are which is re-fixed under the impugned award to Rs. 13,23,500/- per Are.

(2.) The submission of Sri. C.R. Syamkumar, the learned Senior Government Pleader was that the issue is covered in favour of the Government by common judgment of this Court in L.A.A. 717/09 series and Cross Objection No. 90/09. It is submitted that under the above judgment the market value of identical lands acquired for the same purpose was re-fixed at Rs. 9 lakhs per Are. The learned counsel for the claimant/respondent would also fairly conceded that the above common judgment decides the issue in favour of the Government. Following the common judgment we re-fix the market value of the land under acquisition at Rs. 9 lakhs per Are. The claimant will be entitled for all statutory benefits on the re-fixed compensation. We, however, clarify that we have not interfered with the cost awarded to the claimant by the Trial Court.