IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 2413 of 2008() -------------------------- LAR.454/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: -------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER, SMT. LATHA T THANKAPPAN RESPONDENTS: --------------- 1. A.LALITHA DEVI, TC.31/592, MANI NIVAS PETTAH, THIRUVANANTHAPURAM 2. SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.J.HARIKUMAR FOR R1 SRI.K.A.JALEEL, SC., TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/7/2010, ALONGWITH LAA NOS. 445/09, 291/09, 2452/08 & 70/09 THE COURT ON SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO. 5353/2008 IN LAA. NO. 2413 / 2008 DISMISSED. SD/-. PIUSC.KURIAKOSE, JUDGE SD/- M.L.JOSEPH FRANCIS, JUDGE 30.7.2010 PIUS C. KURIAKOSE & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. Nos. 2413 & 2452 of 2008 AND 291, 445 & 70 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2010. JUDGMENT Pius C. Kuriakose J., All these appeals preferred by the Government against a common judgment pertain to acquisition of land in Pettah village. The purpose of acquisition was widening of the Bakery Palayam – Airport Road for Trida. The relevant section 4(1) notification was published on 23.11.2003. The acquisition officer awarded land value at the rate of Rs.2,16,886/- per Are. The Reference Court under impugned common judgment refixed the land value at the rate of Rs.16,54,307/- per Are. L.A.A. Nos. 2413 & conntd cases 2 2. In these appeals various grounds are raised assailing the decision of the Reference Court. It is contended that the enhancement by the Reference Court is exorbitant. 3. We heard submissions by Senior Government Pleader Smt. Latha Thankappan and also those of Shri. Lal George and Smt. Merrina Joseph for the claimants and Sri. K.A. Jaleel for Trida, Acquisition Authority. 4. We are of the view that the issue involved in these appeals is the same as in the common judgment in L.A. No. 807 of 2008 series. Under that judgment this court refixed the value of identical lands acquired for the same purpose pursuant to the same notification, at Rs.14,00,000/- per Are. Following the decision taken under that notification, we allow these appeals and refix the land value for the lands under acquisition as Rs.14,00,000/- per Are. In all these cases, it is seen that the statutory interest at 9% per L.A.A. Nos. 2413 & conntd cases 3 annum during the first year has been awarded from the date of award. This is a patent mistake. It is clarified that the statutory interest under 9% will become payable only from the date of dispossession. The Appeals are allowed as above, however without any order as to costs. PIUS C. KURIAKOSE, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/