LA.APP. NO. 89 OF 2024 1 2025:KER:23068 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 LA.APP. NO. 89 OF 2024 ARISING OUT OF THE JUDGMENT AND DECREE DATED 30.03.2017 IN LAR NO.16 OF 2012 OF SUBORDINATE JUDGE'S COURT, THIRUVALLA APPELLANT/1ST RESPONDENT: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR PATHANAMTHITTA, PIN - 689645 BY ADV.SMT.REKHA C.NAIR, SR. GOVERNMENT PLEADER RESPONDENTS/CLAIMANT & 2ND RESPONDENT: 1 JOHN KOSHY [DIED] NEDIYAKALAPUTHEN VEEDU, MEENTHALAKKARA MURI, KUTTAPUZHA, PIN-689103. LEGAL REPRESENTATIVES IMPLEADED. 2 SOUTHERN RAILWAY, ERNAKULAM REPRESENTED BY DEPUTY CHIEF ENGINEER(CONSTRUCTIONS),PIN-682016. 3 ADDL.R3: ANNAMMA KOSHY W/O.JOHN KOSHY, THYPARAMBIL HOUSE, THYMALA (NEAR SUDHARSHANA EYE HOSPITAL), MANJADY P.O., KUTTAPPUZHA, THIRUVALLA - 689 105. 4 ADDL.R4: SAM K.JOHN , S/O.JOHN KOSHY, THYPARAMBIL HOUSE, THYMALA (NEAR SUDHARSHANA EYE HOSPITAL), MANJADY P.O., KUTTAPPUZHA, THIRUVALLA - 689 105. LA.APP. NO. 89 OF 2024 2 2025:KER:23068 5 ADDL.R5: SAJU VARGHESE, S/O.JOHN KOSHY, THYPARAMBIL HOUSE, THYMALA (NEAR SUDHARSHANA EYE HOSPITAL), MANJADY P.O., KUTTAPPUZHA, THIRUVALLA - 689 105 ADDITIONAL R3 TO R5 IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 10.02.2025 IN IA NO.2/24. BY ADVS. RINNY STEPHEN CHAMAPARAMPIL, ADDL. R3 TO R5 ASHA ELIZABETH MATHEW NEENA ELISABATH ANTONY ANN SILLA PRASAD T.C.KRISHNA, SR.CGC, R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.APP. NO. 89 OF 2024 3 2025:KER:23068 JUDGMENT Dated this the 18th day of March, 2025 This appeal is filed by the State challenging the judgment and decree dated 30.03.2017 in L.A.R.No.16 of 2012 of Subordinate Judge's Court, Thiruvalla. 2. An extent of 0.0102 hectares of dry land in Sy.No.784/2013 of Kuttappuzha Village, Thiruvalla Taluk was acquired for the doubling work of Chengannur - Chingavanam Railway Track, as per award No.86/2011 dated 20.07.2011 in Land Acquisition Case No.48/2011. The Land Acquisition Officer awarded Rs.1,23,408/- as compensation. The claimant contended that the property had a high market value and adequate compensation was not paid. Reference Court found that the claimant is entitled to additional compensation and the land value was re-fixed at the rate of Rs.5,93,000/- per Are. 3. Heard Smt.Rekha C.Nair, learned Senior Government Pleader for the appellant, Sri.Rinny Stephen, Advocate for additional respondents 3 to 5 and Sri.T.C.Krishna, Central Government Counsel for the 2nd respondent. LA.APP. NO. 89 OF 2024 4 2025:KER:23068 4. It is brought to my notice that a batch of appeals concerning the very same acquisition and under the same notification had been disposed of by this Court vide judgment dated 29.11.2023 in L.A.A.No.147 of 2017 and connected cases. The land value for the acquired lands brought under Category I was re-fixed by this Court therein at Rs.6,22,650/- per Are. Category I as explained in para 3 of the said judgment are dry lands having access from PWD road and Municipal road in the main residential area. The acquired property is dry land with Municipal road access. In view of the said judgment, this appeal filed by the State challenging the re-fixation of Rs.5,93,000/- per Are is not sustainable and is only to be dismissed. L.A.A. is dismissed. No costs. Sd/- SYAM KUMAR V.M. JUDGE csl