IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 LA.App..No. 93 of 2004(C) ------------------------ LAR.7/1995 of SUB COURT, HOSDRUG .................... APPELLANT(S): RESPONDENT -------------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN SRI.RAJAN JOSEPH, ADDL.A.G. RESPONDENT(S): CLAIMANT ------------------------------- 1. KHADEEJA W/O. U.SULAIMAN, MOOPANTAKATH UDINOOR SOUTH, UDINOOR VILLAGE. 2. THE EXECUTIVE ENGINEER, P.W.D.(ROADS) DIVISION, KASARAGOD. ADV. SRI.M.A.MANHU FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.93 OF 2004 ------------------------ Dated this the 22nd day of July, 2009 JUDGMENT Pius C.Kuriakose, J. Even though several grounds have been raised in the memorandum of appeal, the learned senior Government Pleader Smt.Latha T.Thankappan would stress only one point viz. the correctness of the award of additional amount under Section 23 (1A) to the claimant on the enhanced compensation. It is submitted that the possession of the property was taken in advance even prior to the promulgation of the notification under Section 4(1). The argument of the learned Government Pleader is that the court below committed mistake in awarding additional amount under Section 23(1A) for the period from the date of taking possession till the date of section 4(1) notification. 2. We find force in the submissions of the learned Government Pleader. The law pertaining to award of additional amount under Section 23(1A) is that the amount can be paid only for the period from the date of promulgation of Section 4(1) notification till the date of award or the date of taking possession LAA.No.93 of 2004 2 whichever is earlier. In the instant case, the claimant respondent could have been granted amount under Section 23(1A) only for the period from the date of section 4(1) notification till the date of award. The judgment and decree under appeal will stand set aside to the extent they pertain to award of additional amount under Section 23 (1A). It is clarified that the additional amount under Section 23 (1A) will become payable to the respondent claimant only during the period from the date of Section 4 (1) notification till the date of award. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk