Ramachandran Nair, J.,
This appeal is filed by the State, aggrieved by the judgment in L.A.R No. 353/2009 on the file of the Additional Sub Court, Thiruvananthapuram.
2. The land was acquired for the development of Vanross- Oottukuzhy-Secretariat Road The notification under Section 4(1) is dated 10.3.2005. The Land Acquisition Officer awarded land value at the rate of Rs. 2,73,244/- per Are. The reference court enhanced the land value to Rs. 28 lakh per Are.
3. Learned Sr.Government Pleader Sri. Padmaraj submitted that, the reference court has granted enhanced land value relying upon Ext.A3 which is the common judgment in L.A.R. 340/2007 and LAR No. 89/2008. It is submitted that, against the judgment in LAR No. 89/2008, the State filed L.A.A. 363/2010 which was allowed as per the judgment of this Court dated 6.8.2010, whereby the land value has been re-fixed at Rs. 17 lakh per Are.
4. We have gone through the judgment of the reference court.
L.A.A. No.84 of 2013 2 It is clear from paragraph 8 that, after discussing the common judgment in L.A.A. 340/2007 and L.A.A. No. 89/08, the reference court came to a conclusion that the properties in the said cases and the acquired properties herein come under B category and in Ext. A3, its market value is fixed at Rs.28 lakhs and therefore, the same can be adopted in this case also.
5. Since the appeal from the judgment in Ext.A3 has resulted in re-fixing the market value, we will be justified in adopting the same value. We have gone through the judgment in L.A.A. 363/2010. After assessing various aspects, the Bench was of the view that, land value can be fixed at Rs.17 lakhs per Are.
Accordingly, the appeal is allowed. Even though, the claimant has received notice in this appeal, there is no appearance. The land value for the the acquired property herein (L.A.R. No. 353/2009) is refixed at the rate of Rs.17 lakh per Are. No costs.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-.
True copy Sd/- P.V.ASHA (JUDGE) P.A to Judge