IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 LA.App..No. 762 of 2010 -------------------------------- LAR.288/2007 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT -------------------------------------- GRIGO KURIAN, S/O.KURIACHAN, AGED 20 YEARS, VADAKKEN HOUSE, ERUMELY KARA, KUNNATHUNADU VILLAGE REPRESENTED BY POWER HOLDER V.I.KURIACHAN, S/O.ITHAPPIRI, VADAKKEN HOUSE, ERUMELY KARA, KUNNATHUNADU VILLAGE. BY ADV. SRI.JEEMON K.ABRAHAM SRI.VINEETH KURIAKOSE RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA. 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD. R1 BY SENIOR GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. R2 BY ADV.SRI. MILLU DANDAPANI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.762 of 2010 ---------------------------------------------- Dated, this the 13th day of December, 2010 J U D G M E N T K.M.Joseph, J. An extent of 58.05 Ares of land belonging to the appellant came to be acquired for the purpose of establishing a Sub-station for the Power Grid Corporation of India under Notification dated 28.2.2005. The Land Acquisition Officer treating the land as falling in Group “C' awarded Rs.23,256/- per Are. It is feeling aggrieved by the valuation given by the Reference Court that the appellant is before us. 2. We heard the learned counsel for the appellant, the learned counsel for the Power Grid Corporation of India and also the learned senior Government Pleader. 3. It is not in dispute that in connected appeals for the land falling in Group 'C' this Court has fixed the market value at Rs.38,380/- per Are. The appellant is also entitled for the benefit of the same. Accordingly, we allow the appeal and we fix the market value of the land at Rs.38,380/- per Are and we hold that the appellant is entitled to recover the LAA No.762/2010 -2- market value on the said basis. We further direct that the appellant will be entitled to all statutory benefits on the enhanced compensation and also the proportionate cost. We make it clear that the appellant will not be entitled to interest for the period of delay in terms of the interim order passed in this case. The said order shall also be annexed to this judgment. Appellant is given three weeks' time to pay the balance court fee payable. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS