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 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 607 of 2010 (B) -------------------------------- LAR.302/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: ----------------------------- K.UDAYAKUMAR, MUDUMBIL VEEDU, CHACKAI.PETTAH VILLAGE THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA (THE SPECIAL TAHSILDAR (LA) INTERNATIONAL AIRPORT THIRUVANANTHAPURAM) REPRESENTED BY THE DISTRICT COLLECTOR,THIRUVANANATHAPURAM. 2. THE MANAGING DIRECTOR INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY POST BOX NO.5424. VIKAS BHAVAN PO MUSCOT SQUARE, THIRUVANANTHAPURAM. GOVT. PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.607 of 2010 ------------------------------------------------ Dated this the 12th day of July, 2010 JUDGMENT Pius C. Kuriakose, J The claimant is the appellant and the claim is confined to the additional amount due under Section 23(1A) of the Land Acquisition Act. The Land Acquisition Authority as well as the Reference Court declined the above amount on the reason that the land acquisition proceedings were under stay during the relevant period of 772 days. Mr.Gopakumar R. Thaliyal, the learned counsel for the appellant drew our attention to the judgment of this Court in Balachandran v. State of Kerala (2010(2) KLT 270) to which one among us L. A. A. No.607 of 2010 -2- [PCK(J)] was a party. He also drew our attention to another judgment of this Court in L.A.A. No.1337/08. Mr.Thaliyal Gopakumar asserted that the appellant was not a party to the Writ Petitions in which this Court had stayed the land acquisition proceedings. We accept the above submission of Mr.Gopakumar. If the appellant was not a party to the Writ Petitions in which stay was granted by this Court, there was no embargo for the Requisitioning Authority to continue with the proceedings in the appellant's case. Hence, upholding the claim of the appellant in this appeal, we allow the appeal in full. The appellant is awarded a sum of Rs.54,053/- on account of Section 23(1A) of the Land Acquisition Act. This amount will also carry interest under Section 28 of L. A. A. No.607 of 2010 -3- the Land Acquisition Act. However, while drafting the decree the section will have due regard to the conditions imposed by us in our order dated 16/06/10 in C.M. Application No.933/10. This means that during the period of 950 days condoned by that order, the appellant will not get interest under Section 28 on the award which is being passed. The appeal is allowed as above, but in the circumstances, parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.607 of 2010 -4- PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ C. M. Application No.933 of 2010 in L. A. A. No.607 of 2010 ------------------------------------------------ Dated this the 16th day of June, 2010 ORDER Pius C. Kuriakose, J Heard both sides. Delay is condoned subject to the following conditions:- 1) The appellant will pay a sum of Rs.1,250/- to the Government through the office of the Advocate General within ten days from today and produce receipt. 2) The appellant will pay an equal amount to the High Court Legal Services Committee within the same time limit and produce receipt. 3) In the event of the appeal being allowed L. A. A. No.607 of 2010 -5- and the appellant becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period of 950 days condoned by this order. Annex a copy of this order to the judgment to be passed in this appeal. Registry will send up the appeal for admission, once receipt against payment of the above amounts are noticed. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-