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.561 of 2009 --------------------------- LAR.53/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. SARAMMA ALEXANDER, TC 31/340, VADAKKETHALAKKAL VEEDU, CHACKAI, PETTAH P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.A.K.MADHAVAN UNNI FOR R1 SRI.S.RAMACHANDRAN FOR R1 SRI.J.GEORGE FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.561 of 2009 ------------------------------------------------ Dated this the 24th day of May, 2010 JUDGMENT Pius C. Kuriakose, J This appeal is directed against the judgment of the Land Acquisition Reference Court, Thiruvananthapuram in a case pertaining to acquisition of land in Pettah village for the purposes of widening of Palayam - Airport Road. The relevant Section 4(1) notification was published on 23/11/03. The property was included in category-B by the Land Acquisition Officer. The court below relied on Ext.A1 common judgment. Under that judgment, the value of properties in category-A had been re-fixed by the Reference L. A. A. No.561 of 2009 -2- Court at Rs.17,31,306/- per Are. Without noticing that the property in the present case was in category-B, the Reference Court under the impugned judgment re-fixed the value of the properties at Rs.17,31,306/- per Are. As rightly submitted by the learned Government Pleader, properties in category-B had been re-fixed under Ext.A1 common judgment at Rs.15 lakhs per Are. Government had preferred appeal LAA.867/08 against that judgment and this Court allowed the appeal in part and reduced amount to Rs.14 lakhs. The Honourable Supreme Court dismissed the civil appeal preferred by the Government against the judgment of this Court in LAA.867/08. Thus, it is clear that for properties identical to the properties under acquisition, the value of Rs.14 lakhs per Are L. A. A. No.561 of 2009 -3- stands confirmed even by the Supreme Court. 2. Having regard to the judgment of this Court in LAA.867/08 and the judgment of the Supreme Court dismissing the appeal against that judgment, this appeal is to be allowed re-fixing the value of land under acquisition at Rs.14 lakhs per Are. Accordingly, allowing this appeal, we re- fix the value of the land under acquisition at Rs.14 lakhs per Are. The respondent will be entitled for all statutory benefits on the total enhanced compensation to which she becomes eligible by virtue of this judgment. Parties are directed to suffer their respective costs in the appeal. It is also seen that the court below has committed the mistake of awarding interest under Section 28 of the Land Acquisition Act from the date of passage L. A. A. No.561 of 2009 -4- of the award. In fact, the same could have been awarded only from the date of taking over of possession. Thus, it is clarified that interest under Section 28 will be admissible to the respondent with effect from 07/06/05 only. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-