IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 LA.App..No. 325 of 2010() ------------------------- LAR.214/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- K.SREEKALA, D/O.NALINI,TC-35/42, MUDAMBIL VEEDU, VAYYAMMOOLA, CHACKAI, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S)/RESPONDENT: --------------- 1. STATE OF KERALA, (SPECIAL TAHSILDAR(LA), INTERNATIONAL AIRPORT, THIRUVANANTHAPUAM) REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, POST BOX NO.5424,VIKAS BAHVAN P.O., MUSCOT SQUARE,THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.325 OF 2010 ------------------------ Dated this the 20th day of August, 2010 JUDGMENT Pius C.Kuriakose, J. Having regard to the grounds raised in the appeal memorandum and the submissions addressed by Sri.Gopakumar R.Thaliyal, learned counsel for the appellant, which were not seriously resisted by the learned Government Pleader Smt.Latha T.Thankappan, the appeal will stand allowed in full. The appellant is awarded a total amount of Rs.1,17,461/- together with statutory interest thereon as per Section 28 of the Act. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk LAA.No.325/2010 2 LAA.No.325/2010 3 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 325 OF 2010 ------------------------ Dated this the 11th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. The claimant is the appellant and the grievance voiced by her is that the awarding officer went wrong in declining award of the additional amount under Section 23(1A) for a period of 863 days(period from 4/3/1999 to 6/6/1999 and 31/3/2000 to LAA.No.325/2010 4 7/5/2002) on the reason that the land acquisition proceedings were under stay from this court. The point that the appellant has raised is that she was not a party to the writ petitions in which this court ordered stay of the land acquisition proceedings. Our attention is drawn by the learned counsel for the appellant to the common judgment of this Court in L.A.A. Nos.322/2008 series wherein this Court has taken the view that the order of stay passed by this Court was not applicable to the cases of those claimants who were not parties to the writ petitions and hence such claimants cannot be denied the benefit under Section 23 (1A). We are convinced that the writ petitioner was not a party to O.P. Nos.12309/2000, 9708/1999, 4036/1999, 7386/2000 and 9708/1999 in which cases only there was a stay from this Court. We follows, therefore, that the appellant is eligible for award of the additional amount under Section 23 (1A) during the period of 863 days referred to above. The result of the appeal, therefore, will be that the appellant will be entitled for an amount calculated at the rate of 12% per annum of 1,25,028/- for a period of 863 days. The appeal is allowed to the above extent. The parties are directed to suffer LAA.No.325/2010 5 their respective costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk Judgment dated 11/06/2010 in L.A.A. No.325/2010 is recalled vide order dated 19/07/2010 in R.P.No.624/2010. Sd/- Registrar (Juidicial)