IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 LA.App..No. 945 of 2010 A -------------------------------------------- LAR.127/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT --------------------------------------- UCHAMBALLY THATTARI DAMU, S/O.CHATHU, 62 YEARS, RETIRED BANK EMPLOYEE, RESIDING AT MEETHALAE KUTTIANTAVIDA KODIYERI AMSOM, MOOZHIKKARA DESOM, (P.O) MOOZHIKKARA, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.P.HAREENDRAN RESPONDENT(S): RESPONDENT --------------------------------------------- THE SPECIAL TAHSILDAR (LA), THALASSERY, P.O.THALASSERY, KANNUR DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT. LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & T.R. RAMACHANDRAN NAIR, JJ. ----------------------------------------- L.A.A.NO. 945 OF 2010 ------------------------------------------ Dated this the 13th, September, 2010. JUDGMENT K.M. Joseph, J. Appellant has approached this Court against the Judgment in LAR.No.127 of 1998 on the file of the Additional Sub Court, Thalassery. An extent of .0552 hectares in RS.No.42/1 and .0602 hectares in RS.No.41/13 of Kodiyeri Amsom of Thalassery Taluk were acquired for establishment of a cancer hospital. The Officer fixed the land value at Rs.3,700/= per cent. The Land Acquisition Officer awarded a total compensation of Rs.1,74,591/= which included the value of the stone wall. On a reference under Section 18, the Sub Court enhanced the land value to Rs.5,500= per cent. It is aggrieved by the fixation of the land value at Rs.5,500/= per LAA.NO.945/2010 2 cent that the appellant is before us. 2. We heard the learned counsel for the appellant and the learned Government Pleader. Learned counsel for the appellant would point out that in respect of similar matter, this Court has fixed the land value at Rs.10,000/= per cent. Learned Government Pleader does not dispute the correctness of the submission or that the said value cannot be fixed for the land in question. In such circumstances, we accept the contention of the appellant and fix the land value at Rs.10,000/= (Rupees Ten Thousand) per cent and the additional compensation will carry interest as per law. The appellant also is entitled to additional solatium on the basis of the market value as fixed. The additional solatium will also carry interest. We, however, make it clear that the appellant will not be entitled to interest under Section 28 during the period of 2569 days which was the period of delay in filing the Appeal and we direct LAA.NO.945/2010 3 that the interim order dated 11.8.2010 passed by this Court shall be annexed to this Judgment. The Appeal is allowed as above. Sd/= K.M. JOSEPH, JUDGE Sd/= T.R. RAMACHANDRAN NAIR, JUDGE kbk. //True Copy// PS to Judge