IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 LA.App..No. 1593 of 2009 ------------------------------------ [AGAINST THE JUDGMENT IN LAR. NO.221/2000 OF THE ADDITIONAL SUB COURT, THALASSERY DTD. 30/03/2004] .................... APPELLANTS/CLAIMANTS: --------------------------------------- 1. NHANDAMADATHIL CHANDRAN, S/O. KUNHAMBU, `KARTHIKA', P.O.PALLIKUNNU, NEAR JUNIOR NURSING SCHOOL. 2. KUMMAN VIJAYAN, S/O. ACHUTHAN, CHALAD, PALLIKUNNU AMSOM, CHALAD DESOM. BY ADV. SRI.M.RAMESH CHANDER. RESPONDENT/RESPONDENT: ------------------------------------------- SPECIAL TAHSILDAR (LAND ACQUISITION), KASARAGOD. BY GOVT. PLEADER SMT. T.T. JOSEPHINA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. --------------------------------------------------- L.A.A.No. 1593 of 2009 -------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. There is no representation for the appellants. But we notice that the issue raised by the claimant in this appeal is covered to a certain extent in his favour by judgment of this Court in L.A.A.No.221/2000 and other judgments. The land was in Keezhallur village. The acquisition was pursuant to Section 4(1) notification published on 15.05.1998. The L.A. Officer awarded land value at the rate of Rs.500/- per cent. The L.A. Officer awarded compensation for a substantial portion of the land by adopting method of capitalization of income. The court below adopted the uniform method of land value and enhanced the land value to Rs.1,500/- per cent. 2. Having gone through the impugned judgment we do not find any infirmity about the findings entered by the reference court. But following the judgment of this Court in L.A.A.No. 1593 of 2009 2 L.A.A.No.221/2000, we refix the value of the land under acquisition at Rs.2,500/- per cent and allow the appeal to that extent. The appellant is entitled for statutory benefits also. However, unless provision is made for interest under Section 28. This section will have due regard to the conditions imposed by this court in its order dated 06.10.2009 in C.M.A.No.1602 of 2009 as well as the order dated 08.01.2010 in C.M.A.No.2224/2009. The decree copy will be issued to the appellant only after ensuring that the full court fee payable on the appeal memorandum is remitted. The appeal is allowed, however without any order as to costs. PIUS C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE. ln