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 16TH AUGUST 2010 / 25TH SRAVANA 1932 LA.App..No. 357 of 2010(D) -------------------------- LAR.398/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO. 1 IN LAR ------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2 IN LAR -------------------------------------------------- 1. S. MOHANAKUMAR, T.C. 26/486, KRISHANANJALI, VANROSS JUNCTION, THIRUVANANTHAPURAM. 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM ADV. SRI.R.MANOJ FOR R1 SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 357 of 2010 ----------------------------------------------- Dated this the 16th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. Even though several attractive grounds have been raised in this appeal and Smt. Latha T.Thankappan, learned Senior Govt. Pleader addressed arguments on the basis of all those grounds, it is only her argument regarding land value, that appeals to us. She is justified in submitting that the issue regarding land value is covered in favour of the Government by the judgment of this Court in LAA. No. 363 of 2009. Following that judgment,we allow the appeal to the extent of re-fixing the market value at Rs.17 lakhs per Are. She is also justified in submitting that the court below has committed a mistake while awarding statutory interest under Section 28. We clarify that the respondent claimant will be entitled for statutory interest under Section 28 with effect only from the date of taking over possession (25-4- -2- 2007). We also clarify that though we are not interfering with the shifting charges awarded under the impugned judgment, the claimant will not be entitled for statutory benefits under Section 23(1A) and 23(2) of the L.A. Act in respect of what was awarded as shifting charges. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-