STATE OF KERALA Vs. V LATHAKUMARI

JUDGEMENT

(1.) Even though respondents have been served with notice, they have not come forward before this Court. The case pertains to acquisition of land in Thycaud Village for the purpose of widening of road from Museum to Thampanoor Over Bridge pursuant to Section 4(1) notification published on 7/9/2004. The Land Acquisition officer fixed the land value at Rs. 2,44,530.00 per Are. The Reference Court under the impugned judgment has refixed the land value at Rs. 30,00,000.00 per Are.

(2.) Shri C.R.Syam Kumar, the learned Senior Government Pleader drew our attention to a judgment of this Court in L.A.A.No. 1205/2010 and submitted that the issue raised in this appeal is covered in favour of the Government by that judgment to a considerable extent. On going through the above judgment, it is seen that for an identical land acquired for the same purpose pursuant to the same notification, this Court has refixed the market value of the land at Rs. 17,00,50.00 per Are. We follow that judgment and refix the market value of the land under acquisition at Rs. 17,00,50.00 per Are. The appeal is allowed to the above extent. The claimants will be entitled for all statutory benefits under Sections 23(2), 23 (1A) and Section 28 of the Land Acquisition Act. The parties are directed to suffer their respective costs.