IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 LA.App..No. 153 of 2006(C) ------------------------------ LAR.21/2000 OF SUB COURT, PATHANAMTHITTA. APPELLANT(S): CLAIMANT: ------------------------------ GEORGE THOMAS, KADAVIL HOUSE, MUTTATHUKONAM, CHENEERKARA. BY ADV. SRI.D.KISHORE RESPONDENT(S): RESPONDENT: ------------------------------------ STATE OF KERALA, REPRESENTED BY DISRICT COLLECTOR, PATHANAMTHITTA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/03/2011 A/W LAA.224/06, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.153 & 224 of 2006 ------------------------------------------------ Dated this the 22nd day of March, 2011 JUDGMENT Pius C. Kuriakose, J Both these are appeals preferred by the claimants. Their property in Pandalam Thekkekara village was acquired for the purpose of construction of an approach road and a bridge over Achankovil river. The land Acquisition Officer awarded two rates. For a substantial portion of the property (2.1 Ares), he awarded land value of Rs.26,086/- per Are and for a small portion of 0.20 Ares, he awarded land value at the rate of Rs.21,739/- per Are. 2. We have heard the submissions of Sri.D.Kishore, the learned counsel for the appellants and Smt.Latha T. Thankappan, the learned senior Government Pleader. Sri.Kishore would draw our attention to the judgment in L. A. A. Nos.153 & 224 of 2006 -2- LAA.1834/07 which is authored by one among us [PCK(J)]. A copy of the above judgment is placed before us. We notice that under that judgment, we have re-fixed the value of lands by giving enhancement of 40% above the value awarded by the Land Acquisition Officer. According to us, relying on the above judgment both these appeals can be allowed. Relying on the above judgment, we re-fix the value of lands for which the Land Acquisition Officer awarded value at Rs.26,086/- per Are, at Rs.36,520/- per Are and re-fix the value of lands for which the Land Acquisition Officer awarded value at Rs.21,739/- per Are, at Rs.30,435/- per Are. 3. Both the appeals are allowed to the above extent only. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. Parties are directed to suffer their respective costs. However, while drafting the decree L. A. A. Nos.153 & 224 of 2006 -3- and providing for interest under Section 28, the Registry will exclude the period of delay caused in the matter of filing the appeals. Registry will issue decree copy to the appellants only after ensuring that the conditions imposed by us while condoning the delay have been complied with and that the full court fee payable on the appeal memorandum is paid by the appellants. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-