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 14TH JUNE 2010 / 24TH JYAISTHA 1932 LA.App..No. 41 of 2010() ------------------------ LAR.98/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANT: -------------- VAZHAYIL KARAYI VISHALAKSHI,W/O.VIJAYAN, AGED 60,HOSUEWIFE,RESIDING AT 'SOUMYA', POOKODE,THALASSERY TALUK,KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S)/RESPONDENT: --------------- THE SPECIAL TAHSILDAR,LAND ACQUISITION THALASSERY,KANNUR DISTRICT. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 41 OF 2010 ------------------------ Dated this the 14th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Kodiyery Village for the purpose of Malabar Cancer Care Society. The acquisition was pursuant to Section 4(1) notification published on 4/10/1997. The Land Acquisition Officer awarded land value at the rate of Rs.1,500/- per cent, which was enhanced by the Reference Court under the impugned judgment to Rs.2,500/- per cent. 2. We have heard the submissions of Sri.R.Surendran, learned counsel for the appellant and those of Smt.Latha T.Thankappan, learned senior Government Pleader for the respondent. Our attention is drawn by Sri.Surendran to the judgment of this Court in L.A.A. No.38/2010. It is not disputed by the Government Pleader that the judgment in L.A.A No.38/2010 has attained finality. Under that judgment, the value of identical lands acquired for the same purpose pursuant to the same notification has been refixed by this Court At Rs.4,000/- LAA.No.41/2010 2 per cent. In view of that judgment, this appeal is liable to be allowed. Hence, we allow this appeal and refix the market value of the land under acquisition at Rs.4,000/- per cent. It is needless to mention that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and 28 of the Act on the enhanced compensation to which she becomes eligible by virtue of this refixation. While drafting the decree, the Registry will have due regard to the order passed by this court in C.M.Appln.70/2010. The appeal is allowed as above, but without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk LAA.No.41/2010 3 LAA.No.41/2010 4 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ C.M.Appln.70/2010 in L.A.A.No.41 OF 2010 ------------------------ Dated this the 21st day of January, 2010 O R D E R Pius C.Kuriakose, J. Heard both sides. We are not fully convinced by the explanation offered by the appellant for the delay. However, on the consideration that as far as possible causes should be allowed to be adjudicated on merits, we are inclined to condone the delay imposing strict conditions. Accordingly, delay will stand condoned subject to the following conditions; i). The appellant will pay a sum of Rs.2,500/-(Rupees Two Thousand Five Hundred only) to the High Court Legal services Committee within three weeks from today and produce receipt. ii). In the event of the appeal being allowed and the appellant becoming eligible LAA.No.41/2010 5 for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the L.A. Act during the period of 2361 days condoned by this order. Incorporate a copy of this order to the judgment to be passed in the appeal. The Registry will send up the appeal for admission once the receipt against payment of the amount as ordered above is noticed. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk