IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 LA.App..No. 664 of 2007(A) -------------------------- LAR.168/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): 1ST CLAIMANT -------------------------- MANI, S/O.SIVANAND ACHARY, SREE RANGAM, T.C.29/1268, PALKULANGARA (PO), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. * 2. THE MANAGING DIRECTOR, (CORRECTED) INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. (THE ADDRESS OF R2 IS CORRECTED AS FOLLOWS: THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM VIDE ORDER DATED 1-10-2009 IN LAA) GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R.1 SRI.K.L.NARASIMHAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 664 of 2007 A ``````````````````````````````````````````````````````` Dated this the 9th day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the claimant pertains to acquisition of land in Pettah village of Thiruvananthapuram Taluk. The acquisition was for the purpose of Thiruvananthapuram International Airport. Relevant Section 4(1) notification was published on 04-02-1999. The Land Acquisition Officer awarded land value at the rate of Rs.62,929/- per Are. Under the impugned judgment, the reference court re-fixed the land value on the basis of the evidence on record at Rs.75,000/- per Are. The appellant challenges the judgment of the reference court stating that the market value re-fixed is quite inadequate. Our attention is drawn by Mr.Thaliyal R. Gopakumar, learned counsel for the appellant, to our own judgments in LAA Nos.651/2009 and 757/2009. We notice that under those judgments, which were in respect of acquisition of identical property for the same purpose pursuant to the same notification, we have approved enhancement at the rate LAA.664/07 : 2 : of Rs.1 lakh per Are. Following those judgments, we re-fix the value of the land under acquisition in this appeal at Rs.1 lakh per Are. Smt.Latha T. Thankappan, learned senior Government Pleader, pointed out that the court below has committed a mistake, while awarding statutory interest under Section 28. According to her, the interest under Section 28 at the rate of 9% during the first year and thereafter should have been awarded only with effect from 15-07-2000. We find merit in the above submission. Therefore, even as we allow the appeal and re-fixed the land value at Rs.1 lakh per Are, we clarify that the total enhancement of compensation will carry interest under Section 28 only with effect from 15-07-2000. The appeal is allowed as above but without any order as to cost. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks