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 26TH MAY 2011 / 5TH JYAISHTA 1933 LA.App..No. 1629 of 2008() -------------------------------------- LAR.451/2003 of II ADDL.SUB COURT, THIRUVANANTHAPURAM .................... APPELLANT(S): RESPONDENT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT. LATHA .T. THANKAPPAN RESPONDENT(S): CLAIMANT -------------------------------------------- S. ANOOPKUMAR, PLOT NO. 93, T.C 6/1574, PTP NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts -2- L.A.A.NO.1629/2008 ORDER ON I.A.NO.3784/2008 IN L.A.A.NO.1629/2008 DISMISSED 26/05/2011 SD/- PIUS C.KURIAKOSE, JUDGE SD/-N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. = = = = = = = = = = = = = = = = L.A.A. NO. 1629 OF 2008 = = = = = = = = = = = = = = = = Dated this the 26th day of May, 2011. J U D G M E N T Pius C. Kuriakose, J. Government is in appeal. The property was in Manacaud village. The acquisition was pursuant to S.4(1) notification published on 24.11.1999 and was for the purpose of widening of Chalai Bye-pass. The Land Acquisition Officer awarded land value of Rs.2,90,722/- per Are. The Reference Court under the impugned judgment relying on Ext.A1 judgment in LAR 65/2000 fixed the land value at Rs.15 lakhs per Are. 2. Smt.Latha T. Thankappan, learned senior Government Pleader informed us that there was an appeal by the Government against Ext.A1 and this L.A.A. NO. 1629 OF 2008 -:2:- Court allowed that appeal and reduced the value of the property covered by Ext.A1 to 7 lakhs. She further submits that in this particular case that claim of the appellant was limited to Rs.12,35,500/- and Court below erred in awarding to the claimant more than what he had claimed. The above submissions of the Government Pleader are not resisted by anybody before us. We are convinced that interference which this Court made on Ext.A1 has a bearing in this case. We also found force in the submissions of the learned Government Pleader that the claimant would not have been granted more than what he had claimed before the Court. Taking both these aspects into account and noticing the superiority of the acquired property over Ext.A1 property and the passage of seven years of time between the two acquisitions, we allow this L.A.A. NO. 1629 OF 2008 -:3:- appeal to the extent of refixing the market value of the land under acquisition at Rs.12,00,000/- per Are. Claimant will be entitled to all statutory benefits which are provided under Sections 23(2), 23(1A) of Land Acquisition Act on the enhanced compensation to which the appellant becomes eligible. But interest u/s 28 will become eligible only from the date of dispossession and not from the date of award. The parties shall suffer their respective costs. PIUS C. KURIAKOSE, JUDGE. N.K. BALAKRISHNAN, JUDGE. ul/-