IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 LA.App..No. 258 of 2011(D) ------------------------------- LAR.189/2003 of SUB COURT, HOSDRUG .................... APPELLANT(S)/CLAIMANT: ----------------------------- KINATHUKARA AMBADI, AGED 78 YEARS, S/O RAMAN, R/A KARIYANKODE, P.O. CHATHAMATH, PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S)/REFERRING OFFICER & RESPONDENTS 1 AND 2: ------------------------------------------------------------------------- 1. THE SPECIAL TAHSILDAR (LAND ACQUISITION), NATIONAL HIGHWAYS, KANNUR - 670 001. 2. THE EXECUTIVE ENGINEER, N.H. DIVISION, KANNUR - 670 001. (NATIONAL HIGHWAY). 3. THE STATE OF KERALA, REP. BY DISTRICT COLLECTOR, CIVIL STATION, KASARAGOD- 671121. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.258 of 2011 ------------------------------------------------ Dated this the 8th day of April, 2011 JUDGMENT Pius C. Kuriakose, J This is an appeal by the claimant. The property was in Perole Village of Kasaragod district. The acquisition was for the purpose of construction of Railway over bridge and approach road to Pallikara Railway gate. The Land Acquisition Officer awarded land value at the rate of Rs.1329.78/- per cent. The Reference Court under the impugned judgment would re-fix the land value at Rs.10,000/- per cent. In the present appeal the claim is for re- determination of the value at Rs.25,000/- per cent. 2. Having considered the rival submissions addressed at the Bar and having gone through our own judgments in L.A.A.979/10 and L.A.A.390/10, we are of the view that this appeal is liable to be allowed in full. Hence, allowing this appeal relying on the above two judgments, we re-fix the market value of the land L. A. A. No.258 of 2011 -2- under acquisition at Rs.25,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. However, while providing for interest under Section 28 the Section will have due regard to the conditions imposed by us while condoning the delay as per C.M. Application No.591/2011. The Registry will issue decree copy to the appellant only after ensuring that the conditions imposed by us while condoning the delay have been complied with and that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.258 of 2011 -3-