IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 LA.App..No. 323 of 2011() ------------------------- ( AGAINST THE JUDGMENT AND DECREE OF 1ST ADDL.SUBORDINATE JUDGE'S COURT, THIRUVANANTHAPURAM IN LAR 170/2005) APPELLANT(S)/CLAIMANT: -------------- MITHRA DAS, S/O. VELAYUDHAN, KOCHUMMINI HOUSE, ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI. K.SIJU RESPONDENT(S)/RESPONDENTS & STATE: --------------- 1. THE KERALA STATE REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 695001 2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. 695001 BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. ------------------------ L.A.A.No. 323 OF 2011 ------------------------ Dated this the 6th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. His property in Vanchiyoor village was acquired pursuant to Section 4(1) notification published on 28/11/2003. The purpose of acquisition was for widening of Palayam - Patoor road. The Land Acquisition Officer awarded land value at the rate of Rs.2,71,107.20/- per Are. The Reference Court on evaluating the evidence refixed the land value at Rs.15,00,000/- per Are. There were other cases also and similar rates were granted in those cases. 2. In this appeal, the appellant urges that the rate fixed by the Reference Court is inadequate. As directed by us, the learned Government Pleader Smt.T.T.Josephina has taken notice on behalf of the respondents. We have heard the learned counsel for the petitioner Sri.Siju Kamalasanan and the learned Government Pleader. Our attention is drawn by Sri.Siju Kamalasanan to the judgment of this court in L.A.A. No.133/2010. The learned counsel placed before us a copy of that judgment. LAA.No.323/2011 2 3. Having gone through the judgment in L.A.A. No.133/2010, we are of the view that the issue is covered to a certain extent in favour of the appellant. Following that judgment, we refix the market value of the land under acquisition at Rs.17 Lakhs per Are. The appellant will be entitled for statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Act on the refixed compensation. However, while the provision is made for interest under Section 28, the section will have due regard to the conditions imposed by this court in its order dated 16/6/2011 in C.M.Appln. No. 730/2011. The Registry will issue decree copy to the appellant only after ensuring that those conditions are complied with and also that full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE P.BHAVADASAN, JUDGE dpk LAA.No.323/2011 3 LAA.No.323/2011 4 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ C.M.Appln. No.730/2011 in L.A.A.No.323 OF 2011 ------------------------ Dated this the 16th day of June, 2011 O R D E R Pius C.Kuriakose, J. This application seeking condonation of delay of 523 days caused in the matter of filing the appeal will stand allowed subject to the following conditions; i). The appellant pays a sum of Rs.3,500/- to the Government through the office of the Advocate General within 10 days from today and produces receipt. ii). The appellant pays a sum of Rs.1000/- to the High Court Legal Services Committee within the same time limit. Iii). In case the appeal is allowed and the appellant becomes eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under LAA.No.323/2011 5 Section 28 of the Act during the period of 523 days condoned by this order. Annex a copy of this order to the judgment to be passed in the appeal. The Registry will send up the appeal for admission once receipts against payment of the costs ordered above are noticed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk