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 7TH JULY 2010 / 16TH ASHADHA 1932 LA.App..No. 1525 of 2007() -------------------------- LAR.132/1999 of SUB COURT, MANJERI .................... APPELLANT(S): CLAIMANT: ----------------------- PULIKKATHODI KUNHUMOIDEEN, S/O.MUHAMMED, MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS SECRETARY. ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 SR. GOVT. PLEADER SMT. LATHA T.THANKAPPAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 1525 of 2007 ----------------------------------------------- Dated this the 7th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Panakkad Village for the purpose of establishment of Industrial Growth Centre for the KSIDC. The land acquisition officer awarded value at the rate of Rs.2,739/- per cent for the land. The Reference Court under the impugned judgment did not award any enhancement at all. Our attention is drawn by by the learned counsel for the appellant to the judgment of this Court in LAA. No. 532 of 2005 and it is submitted that this Court has re-fixed the value of identical lands at Rs.4000/- per cent. The above submission is not disputed by Sri.Joby Cyriac, learned counsel for the requisitioning authority. Mr.Joby Cyriac in fact submitted that this Court fixed value at the rate of LAA. No. 1525/07 -2- Rs.4000/- per cent for a property which is inferior to the property under acquisition in this case. But according to him, in the present appeal the claim is confined to Rs.3725/- per cent only. We accept the submission of Mr. Joby Cyriac. We therefore allow the appeal to the extent of re-fixing value of the land under acquisition at Rs.3725/-. The appellant will be entitled for enhanced land value on that basis, i.e., at the rate of Rs.986/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(1A), 23(2) and Section 28 of the Land Acquisition Act. However, interest under Section 28 will not be admissible during the period mentioned by us in our order in CM. Application No. 1830 of 2007. The registry while drafting the decree will take due notice of the order in C.M. Application No. 1830 of 2007. Decree copy will be issued to the appellant only upon the appellant remitting the entire balance court fee as well as the amount ordered LAA. No. 1525/07 -3- by us as cost vide order in CM. Application No. 1830 of 2007 (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-