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 9TH JUNE 2011 / 19TH JYAISHTA 1933 LA.App..No. 276 of 2011() ------------------------- LAR.239/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS ----------------------- 1. POOKANDY KRISHNAN, CHANDRALAYAM(DIED) KARAPERAVOOR.P.O., MATTANNUR. 2. NIRANJAL YESODA, W/O. POOKANDY KRISHNAN, DO- 3. NIRANJAL RAMACHANDRAN, S/O. POOKANDY KRISHNAN, DO- 4. NIRANJAL LAKSHMI, D/O. POOKANDY KRISHNAN RESIDING DO- BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/RESPONDENT: --------------- SPECIAL TAHSILDAR, LA NO.II FOR AIRPORT, MATTANNUR, KANNUR. BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 276 OF 2011 ------------------------ Dated this the 9th day of June, 2011 JUDGMENT Pius C.Kuriakose, J. Upon this appeal coming up for admission, the learned Government Pleader Smt.T.T.Josephina has taken notice on behalf of the State. 2. We have heard Sri.Cibi Thomas learned counsel for the appellants and Smt.Josephina learned Government Pleader. The appeal pertains to acquisition of land in Keezhallur village pursuant to Section 4 (1) notification published on 15/5/1998 for the purpose of Kannur Airport. The Land Acquisition Officer awarded land value at the rate of Rs. 682/- per cent which under the impugned judgment has refixed at Rs.2,000/- per cent. 3. Having considered the submissions addressed and having relied on the judgment of this court in L.A.A. No.1634/2008, we allow this appeal and refix the market value of the land under acquisition at Rs.3,000/- per cent. 4. The appellants will be entitled for all statutory benefits L.A.A.No.276/2011 2 admissible under Section 23 (2), 23(1A) and Section 28 of the Act on the total refixed compensation to which they become eligible by virtue of this judgment. However, while interest under Section 28 is provided for in the decree, the Section will have due regard to the conditions imposed by us in our order dated 23/5/2011 in C.M.Appln. No. 628 of 2011. Decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk L.A.A.No.276/2011 3 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ C.M.Appln. 628 of 2011 in L.A.A.No.276 OF 2011 ------------------------ Dated this the 23rd day of May, 2011 O R D E R L.A.A.No.276/2011 4 Pius C.Kuriakose, J. This application seeking condonation of delay in the matter of filing the appeal is opposed by the learned Government Pleader. However, we feel that on considerations of justice, the same should be allowed on terms. Hence, it is ordered that this application will stand allowed and the delay will stand condoned subject to the following conditions; i). The appellants pay to the Government through the office of the Advocate General within two weeks from today a sum of Rs.3,000/- and produce receipt. ii). The appellants pay to the High Court Legal Services Committee a sum of Rs.1,000/- within the same time limit. Iii). In case the appeal is allowed and the appellants become eligible for enhanced compensation by virtue of the appellate judgment, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Act during the period of 323 days condoned by this order. Annex a copy of this order to the judgment to be passed in the appeal. The Registry will send up the appeal for admission L.A.A.No.276/2011 5 once the receipts against the payment of the amount mentioned above are produced. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk