IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 LA.App..No. 1164 of 2010(A) ---------------------------------------- [LAR.NO.125/1998 OF ADDITIONAL SUB COURT, THALASSERY] .................... APPELLANTS/LEGAL HEIRS OF THE CAIMANT: -------------------------------------------------------------------- UCHAMBALLY THATTARI SREEDHARAN, S/O. CHATHU (DIED) LEGAL HEIRS 1. MATTAMKOTT KAMALA, D/O. ANANDAN, 51 YEARS, NO OCCUPATION, RESIDING AT MEETHALE KUTTIANTAVIDA HOUSE, KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. MATTAMKOTT BYJU, S/O. SREEDHARAN, 36 YEARS, DRIVER, RESIDING AT MEETHALE KUTTIANTAVIDA HOUSE, KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK, KANNUR DISTRICT. 3. MATTAMKOTT SHYJU, S/O. SREEDHARAN, 29 YEARS, DRIVER, RESIDING AT MEETHALE KUTTIANTAVIDA HOUSE, KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK, KANNUR DISTRICT. 4. MATTAMKOTT HIMA, D/O. SREEDHARAN, 18 YEARS, NO OCCUPATION, RESIDING AT MEETHALE KUTTIANTAVIDA HOUSE, KODIYERI AMSOM, MOOZHIKKARA DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.P.HAREENDRAN. RESPONDENT/RESPONDENT: ------------------------------------------- THE SPEICIAL TAHSILDAR (LA) THALASSERY, P .O THALASSERY, KANNUR DISTRICT. BY SR. GOVERNMENT PLEADER SMT. LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== L.A.A. NO. 1164 OF 2010 ============================ Dated this the 15th day of December, 2010 JUDGMENT K.M. Joseph, J. We heard the learned counsel for the appellant and learned senior Government Pleader. When the matter came up for admission, we are disposing of the matter itself. 2. An extent of 0.0587 hectares of land in R.S.42/1 of Kodiyeri amsom of Thalassery taluk was acquired for establishment of a Cancer Hospital. Land Acquisition Officer fixed the land value at Rs.3700/- per cent. The Reference Court granted additional land value of Rs.27334/- as additional compensation and the land value was enhanced to Rs.5500/- per cent. It is the common case that L.A.A.No.1556 of 2007, this court has fixed the land value at Rs.10,000/- per cent. There is no case for the Government that the land is dissimilar and therefore we see no reason to deny the benefit of the said judgment to the appellant. Accordingly, we allow the appeal. The land value is refixed at Rs.10,000/- per cent and appellant will be entitled to LAA 1164/2010 2 enhancement only on the said basis. Appellant will also be entitled to statutory benefits on the enhanced value of compensation and also proportionate cost. However, we order that in terms of the interim order dated 22.10.2010, appellant will not be entitled to interest under Section 28 of the Land Acquisition Act for the entire period of delay. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk