IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 LA.App..No. 266 of 2011() ------------------------- LAR.16/2001 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANT ---------------------- SUBHASH BABU, S/O.MADHAVAN, VARUVILA PURAYIDAM VEEDU, KUREEPUZHA CHERRI, THRIKKADAVOOR, KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-691 013. BY GOVT.PLEADER SMT.T.TJOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No.266 OF 2011 ------------------------ Dated this the 23rd day of May, 2011 JUDGMENT Pius C.Kuriakose, J. The learned counsel for the appellant Sri.C.A.Rajeev assured us that the amount ordered by us as cost will be paid readily on time. We record the above assurance given to us by the learned counsel and are taking up the appeal itself for hearing and disposal. 2. Having regard to the submissions addressed before us by Sri.Rajeev learned counsel for the appellant and Smt.Latha T.Thankappan, learned senior Government Pleader, we are of the view that the appeal can be allowed to the extent of granting enhanced compensation in respect of the building which existed on the land in question. 3. We allow this appeal and award to the appellant a further amount of Rs.43,400/- as enhanced compensation for the building. The value fixed by the Reference Court for the land is confirmed. The appeal will stand allowed to the above extent L.A.A..No.266/2011 2 only. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the Act. However, this will be subject to what we have stated in our order condoning the delay. The Registry will issue decree copy to the appellant only after ensuring that the conditions imposed by us in the delay petition are complied with and that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk