IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 LA.App..No. 1818 of 2007(D) -------------------------------- LAR.142/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ----------------------------- RAMANI,D/O.SETHU AMMA MUDAMBIL PUTHEN VEEDU, VAYYAMOOLA,VALLAKADAVU P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): RESPONDENTS ------------------------------------- THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN (SR) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1818 of 2007 ------------------------------------------------ Dated this the 21st day of July, 2010 JUDGMENT Pius C. Kuriakose, J Smt.Latha T. Thankappan, the learned Senior Government Pleader submits that there may be justification for allowing the appeal in full. The learned counsel for the appellant sought for time to amend the memorandum of appeal. We are not presently inclined to grant time. Having regard to the submissions of the learned Government Pleader and the various judgments of this Court such as L.A.A.651/09, L.A.A.757/09 etc. pertaining to acquisition of land in Petta village for the purpose of Thiruvananthapuram Airport, this L. A. A. No.1818 of 2007 -2- appeal is allowed in full. Over and above the enhancement granted by the Reference Court, the appellant is granted a sum of Rs.1 lakh as totally enhanced land value. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the above amount. The appeal will stand allowed, but however without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.1818 of 2007 -3- PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ C. M. Appl. No.2213 of 2007 in L. A. A.No.1818 of 2007 ------------------------------------------------ Dated this the 27th day of July, 2009 ORDER Pius C. Kuriakose, J Heard both sides. The application will stand allowed subject to the following conditions:- 1) The appellant will pay a sum of Rs.750/- to the Kerala Mediation Centre within three weeks from today and produce receipt before this Court. As clarified already, in the event of the appeal being allowed and the appellant becoming eligible for enhanced compensation such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the L. A. A. No.1818 of 2007 -4- period of delay condoned by the present order and by order on C.M. Application No.2166 of 2007. Annex copies of this order as well as the order in C.M. Application No.2166/07 to the judgment to be passed in this appeal. The Registry will on noticing receipt against payment of amount to the Kerala Mediation Centre send up the appeal for admission. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-