IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 LA.App..No. 1198 of 2010(D) --------------------------- ( LAR.93/2007 of III ADDL.SUB COURT, ERNAKULAM) .................... APPELLANT/CLAIMANT: ----------------------------------- MANI, S/O.VELUKKUTTY, ENIYERIPARAMBIL, CHERANALLURE, KOCHI-24. BY ADVS. SRI.P.A.ABDUL JABBAR SRI.C.K.RAFEEK SRI.C.M.JIHADH RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, N.H.(B) DIVISION, KODUNGALLUR, PIN 680 309. BY GOVERNMENT PLEADER, SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK K.M.JOSEPH & M.C. HARI RANI,JJ ============================== L.A.A. NO.1198 OF 2010 ============================ Dated this the 10th day of December, 2010 JUDGMENT K.M. Joseph, J. We heard the appeal itself on merits in view of the fact that the matter is reportedly covered in favour of the appellant. 2. An extent of 0.78 ares of land was acquired for NH-17 Road at Cheranalloor as per notification dated 14.3.2002. Aggrieved by the fixation of land value by the Land Acquisition Officer at Rs.1,08,000/- per Are, and also the value of the building at Rs.29,371/-, the appellant approached the reference court which has enhanced the land value at Rs.1,41,440/- per Are. It is aggrieved by the above fixation, claiming further compensation for the building that the appellant is before us. 3. Appellant has a further complaint that lower court did not award the statutory interest as entitled. It is contended that of the total award amount of Rs.2,15,580/-, Rs.1,47,000/- alone was paid as first instalment and the balance amount of Rs.68580/- was given much after passing of the award and LAA 1198/2010 2 therefore he is entitled to get statutory interest of 9% for the period of one year and 15% thereafter for the second instalment also. Learned Government Pleader does not dispute the entitlement of the appellant for statutory interest for the second instalment. Accordingly, we also allow the claim of the appellant for statutory interest at 9% for the amount of Rs.68,580/- for the first year and at 15% subsequently. 4. The learned Senior Government Pleader does not dispute that in L.A.A.No.923 of 2010, 63.5% enhancement was arrived in respect of similar land. In this case, even if the appeal is allowed in toto, percentage increase is only about 53%. We see no reason why the benefit of the judgment of this court given in the connected case should be denied in this case. Accordingly, we fix the market value at Rs.1,67,081/- per Are. Appellant is also entitled to statutory benefit on the enhanced compensation. Appellant has not been able to establish any ground for interfering with the fixation of value of the building. 5. The appeal is allowed as above. Appellant will also be LAA 1198/2010 3 entitled to proportionate cost. However, in terms of the order we have passed, appellant will not be entitled to interest under Section 28 of the Land Acquisition Act for the period of delay of 810 days in filing the appeal. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk