IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 LA.App..No. 1159 of 2010(D) -------------------------------- LAR.95/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANTS/CLAINANTS. ---------------------------------------------- 1. SURENDRAN CHETTIAR, S/O.ARJUN CHETTIAR, MEENAKSHI BHAVAN, NELLIKKUNNU, KOLIYAKKODE P.O., VENJARMOODU, THIRUVANANTHPAURAM. 2. MANJU, D/O.THANKAM, RESIDING AT MEENAKSHI BHAVAN, NELLIKKUNNU, KOLIYAKKODE P.O., VENJARMOODU, THIRUVANANTHPAURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S)RESPONDENTS: ------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHPAURAM. 2. THE DIRECTOR, TOURISM DEPARTMENT, THIRUVANANTHPAURAM. SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1159 of 2010 ------------------------------------------------ Dated this the 10th day of February, 2011 JUDGMENT Pius C. Kuriakose, J Heard Sri.R.T.Pradeep, the learned counsel for the appellants and Smt.Latha T. Thankappan, the learned Senior Government Pleader for the Government. Having considered the submissions and having noticed the judgment of this Court in LAA.713/09 to which one among us [PCK(J)] is party, we are of the view that the appeal is to be allowed to a certain extent relying on the judgment of this Court in LAA.713/09. We allow the appeal to the extent of re-fixing the value of land under acquisition at Rs.1 lakh per Are. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. While decree is L. A. A. No.1159 of 2010 -2- drafted and provision is made for statutory interest under Section 28, the Section will have due regard to the conditions imposed by this Court in the order dated 10/01/11 on C.M. Application No.1801/10. It is also clarified that the interest under Section 28 will be admissible only from the date of dispossession and not from the date of passing of the award. Parties are directed to suffer their respective costs. Registry will issue decree copy only after ensuring that the full court fee payable on the appeal memorandum is remitted by the appellants. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1159 of 2010 -3-