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 18TH JULY 2011 / 27TH ASHADHA 1933 LA.App..No. 813 of 2010(C) -------------------------- (LAR.20/2007 of PRINCIPAL SUB COURT,NORTH PARAVUR) .................... APPELLANT(S): CLAIMANT: ----------------------------------------- SEBASTIAN, S/O.DEVASSY, AGED 90 YEARS, THANNIKKAPARAMBIL HOUSE, OLANADU KARA, VARAPUZHA P.O. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): RESPONDENT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA),NH, III, VYTTILA. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.813 of 2010 ------------------------------- Dated this the 18th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The claimant is in appeal. Her property in Alangad Village was acquired pursuant to Section 4(1) notification published on 23.8.2004 for the purpose of widening of NH 17 from Varapuzha to Cheriappilly, National High Way. We notice that the issue raised in this appeal preferred by the claimant, who is not satisfied with the award passed by the reference court, is covered to a certain extent in favour of the appellant. Referring to the judgment of this Court in L.A.A.No.282 of 2010, which significantly is in respect of a case covered in the impugned judgment itself. We allow the appeal and re-fix the market value of the land at Rs.1,62,000/- per are. The appellant will be entitled for statutory benefits also. However, while provision is made in the decree for the interest under Section 28, the period by 2 L.A.A.No.813 of 2010 which the filing of this appeal was delayed will be excluded. The appeal is allowed however without any order as to costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/