IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 LA.App..No. 133 of 2008 (C) -------------------------------- LAR.165/2004 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANT ------------------------------ JOSEPH P.V., PALINATH, VENMANI KARA, MAMALA P.O. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. 2. THE LEGAL OFFICER (SECRETARIAL), KOCHI REFINERIES LTD., KUNDANNOOR, MARADU. ADV. SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.133 of 2008 ------------------------------------------------ Dated this the 25th day of May, 2011 JUDGMENT Pius C. Kuriakose, J The learned Advocate representing M/s Menon & Pai seeks time. We are not inclined to grant time as we find that the issue is already covered by judgments relating to acquisition of similar land for the same purpose pursuant to a notification two years earlier. 2. The property was in Thiruvaniyoor village. The acquisition was pursuant to Section 4(1) notification dated 09/07/02. The Land Acquisition Officer awarded land value at the rate of Rs.31,900/- per Are. The court below has re- fixed the land value at Rs.42,000/- per Are. We notice our own judgment passed today in LAA.797/09. Under that judgment we have re-fixed the value at Rs.47,000/- per L. A. A. No.133 of 2008 -2- Are. But we notice that the acquisition in the present case was about two years subsequently. Thiruvaniyoor is a semi urban area. There is every justification for making additions at 9% per year. If additions are made that way, the market value will have to be fixed at more than Rs.50,000/-. But as the appellant has limited his claim in the appeal to Rs.50,000/-, we allow this appeal re-fixing the market value of the land under acquisition at Rs.50,000/- per Are. The appellant will be entitled for all statutory benefits also. However, while interest under Section 28 is provided for in the decree, the same will not be provided during the period of 424 days of delay which was condoned by this Court. Decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. 3. The appeal is allowed as above, however, without L. A. A. No.133 of 2008 -3- any order as to costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/-