IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 LA.App..No. 1381 of 2007() -------------------------- LAR.223/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ 1. RAVEENDRAN, S/O.KRISHNAN, PALAZHI VEEDU, MANGADU CHERI, MANGADU VILLAGE, KOLLAM. 2. SUKUMARAN, S/O.KRISHNAN, PALAZHI VEEDU, MANGADU CHERI, MANGADU VILLAGE, KOLLAM. 3. BHASURANGI, D/O.KARTHIYANI, PALAZHI VEEDU, MANGADU CHERI, MANGADU VILLAGE, KOLLAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 1381 of 2007 A ``````````````````````````````````````````````````````` Dated this the 7th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. It is declared that the first respondent also has been served with notice. Service is completed. Eventhough the respondents have been served with notice, none of them have entered appearance to resist the appeal. 2. The property under acquisition was in Mangad village of Kollam district. The purpose of the acquisition was formation of national highway by-pass. The Land Acquisition Officer awarded land value at the rate of Rs.10,020/- per Are. The claimants relied mostly on Ext.A1 sale deed. The learned Sub Judge found that the property covered by Ext.A1 was superior to the property under acquisition in as much as Ext.A1 property was enjoying the frontage of two regular roads on either sides, unlike the property under acquisition which has only the transportation facility on one side. Ultimately, the learned Sub Judge has done guess work and re-fixed the market value at Rs.22,230/- per Are. LAA.1381/07 : 2 : 3. Our attention is drawn by Smt.Latha T. Thankappan, learned senior Government Pleader, to judgment of this Court in L.A.A.No.368/2007. It is pointed out that, for the property involved in that case(for which also the same rate was awarded by the Land Acquisition Officer), this Court re-fixed the land value at Rs.18,000/-. 4. Having regard to the view taken by this Court in L.A.A.No.368/2007, we are of the view that the rate fixed by the learned Sub Judge is slightly excessive. On a better case based on Ext.A1, the market value of the property is re-fixed at Rs.20,000/- per Are. Accordingly, we modify the land value at Rs.20,000/- per Are. Appeal will stand allowed to the above extent. 5. The learned senior Government Pleader pointed out that some mistakes have crept into the impugned judgment, while providing for the additional amounts under Section 23(1A) and the statutory interest under Section 28 of the Land Acquisition Act. We find force in the submission. We clarify that the amount granted under Section 23(1A) will become payable only from LAA.1381/07 : 3 : 11-11-1992. We further clarify that the claimants will be entitled to interest under Section 28 at 9% during the first year and thereafter at 15% only from 30-0101996. Appeal is allowed as above. Parties are directed to suffer their costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks