IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 LA.App..No. 832 of 2010() ------------------------- LAR.50/2007 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANT ---------------------- SAROJINI AMMA, D/O.JANAKI AMMA, VALIYA VEEDU, KADIYAKONAM, VATTIYOORKAVU, THIRUVANANTHAPURAM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, HRIDAYA KUMARI, AGED 51 YEARS, D/O.SAROJINI AMMA, SAROJ, VAZHOOTTUKONAM, KODUNGANOOR P.O.,VATTIYOORKAVU,TVM BY ADV. SRI.M.DINESH SRI.G.L.MOHANA CHANDRAN RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 GOVERNMENT PLEADER SMT.LATHA T THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 832 of 2010 ``````````````````````````````````````````````````````` Dated this the 16th day of March, 2011 J U D G M E N T Pius C. Kuriakose, J. It is submitted by the learned Government Pleader herself that, in other matters pertaining acquisition for the same purpose, of property in the same village, this Court has granted enhancement over and above what is awarded by the Land Acquisition Officer. She cited the judgment in LAA No.411/2010 in respect of a higher category (Category-A). 2. We feel that the appellant may be eligible for proportionate increase based on the above judgment if the same has become final. Under the above circumstances, we allow the appeal by setting aside the judgment and decree and remanding LAR No.50/2007 to the Sub Judge's Court, Thiruvananthapuram. As we notice some laches on the part of the appellant in adducing evidence which could be adduced, we are not inclined to order refund of the full court LAA.832/2010 : 2 : fee. The appellant will forfeit 50% of the court fee remitted. The appellant will not be eligible for statutory interest under Section 28 during the period from 07-07-2009 till 16-03-2011. The appeal is allowed by way of remand. Parties will appear before the court below on 25-05-2011. Sd/- (PIUS C. KURIAKOSE, JUDGE) Sd/- (N.K.BALAKRISHNAN, JUDGE) aks // True Copy // P.A. To Judge