IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 LA.App..No. 467 of 2008() ------------------------- LAR.179/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS/2ND RESPONDENT --------------------------------------- 1. REV. MOTHER PROVINCIAL FREIDA, MARIA ADAM, SISTERS OF HOLLY CROSS, HOLY CROSS CONVENT, KOTTIYAM, ADICHANALOOR, KOLLAM. 2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA), THIRUVANANTHAPURAM. ADV. SRI.R.MANOJ FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/05/2010, ALONG WITH L.A.A.NO.205/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 467/2008 & 205 of 2009 ------------------------ Dated this the 24th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. Both these appeals are directed against the award of the Land Acquisition Reference Court, Thiruvananthapuram. The acquisition was for the purpose of widening of Bakery – Palayam Airport Road. The Land Acquisition Officer have included the property in L.A.A. No.205/2009 in category B and the property in L.A.A. No.467/2008 in category A. The Reference Court, under the impugned judgment relying on the common judgment in L.A.R. No.317/2005 and other cases, refixed the value of both the properties uniformly at Rs.2,71,107/- per Are. 2. Having regard to the submissions addressed at the Bar by the learned senior Government Pleader Smt.Latha T.Thankapan and by Smt.P.V.Asha, learned counsel for the respondent in L.A.A. No.205/2009 and by Sri.R.Manoj, learned counsel for the respondent in L.A.A.No.467/2008 and taking into account the judgment of this court in L.A.A.No.867/2008, which is in respect of acquisition of property identical to the property in L.A.A..No.467/08 & 205/09 2 L.A.A. No.205/2009 and also the judgment of the Supreme Court in the civil appeal C.C.NO.20722/1999 against L.A.A. No.867/2008, we are of the view that both the appeals are liable to be allowed to a certain extent. Accordingly, we allow L.A.A. No.205/2009 by refixing the value of land under acquisition at Rs.15,00,000/- (Rupees Fifteen Lakhs only). Similarly, we allow L.A.A.No.467/2008 by refixing the value of land under acquisition at Rs.16,16,000/-. 3. The claimants in both these appeals are entitled for all statutory benefit to which they become eligible by virtue of this judgment. But it is clarified that they will be entitled for interest under Section 28 only from the date of dispossession and not from the date of award. The appeals are allowed to the above extent, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk L.A.A..No.467/08 & 205/09 3 The figure and words ”Rs.15,00,000/-(Rupees fifteen lakhs only)” occurring in paragraph 2 (page 2 line 6) of the common judgment dated 24/05/2010 in L.A.A. Nos. 467/2008 & 205/2009 are corrected and substituted as “Rs.14,00,000/-(Rupees fourteen lakhs only) and figure “Rs.16,16000/-” occurring in the last line of paragraph 2 is corrected and substituted as “Rs.16,16,000/- per Are”. vide order dated 17/6/2010 in I.A. No.1942/2010 in L.A.A. No.205/2009. Registrar(Judicial) L.A.A..No.467/08 & 205/09 4