IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 LA.App..No. 1080 of 2010(D) --------------------------------- LAR.141/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ------------------------------- UCHAMBALLY THATTARI JANU, W/O.BALAN, 70 YEARS, NO OCCUPATION, RESIDING AT MALAMMAL HOUSE, P.O.UMMENCHIRA, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.P.HAREENDRAN RESPONDENT(S): RESPONDENT ------------------------------------ THE SPECIAL TAHSILDAR (LA) THALASSERY, P.O.THALASSERY, KANNUR DISTRICT. BY GOVT. PLEADER SMT.LATHA THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * L.A.A.No.1080 of 2010 ---------------------------------------- Dated this the 27th day of October 2010 J U D G M E N T K.M.JOSEPH,J The appeal is filed against the judgment and decree in L.A.R.No.141/1998 on the file of the Additional Subordinate Judge, Thalassery. An extent of 0.057 hectors of land in R S 42/1 and 0.0571 in R S 41/1 of Kodiyeri amsom of Thalassery taluk was acquired for establishment of a cancer hospital. The Land Acquisition Officer fixed the land value of Rs.3,700/- per cent which was enhanced to Rs.5,500/- per cent. Being aggrieved by the judgment and decree the petitioner has approached this Court. 2. Heard the learned senior Government Pleader Smt.Latha Thankappan and the learned counsel for the appellant. There is no dispute that in similar matters, this Court has refixed the land value at Rs.10,000/- per cent in L.A.A.No.1556/2007. We see no reason to take a different view. Consequently, we allow the appeal and refix the land value at Rs.10,000/- per cent. We direct that the appellant will be L.A.A.No.1080 of 2010 2 entitled to enhancement on the said basis. The appellant will also be entitled to all the statutory benefits on the enhanced compensation. However, we direct that the appellant will not be entitled to interest for a period of 2816 days of delay in filing the appeal as ordered by this Court in the interlocutory order which is otherwise awardable under Section 28 of the Land Acquisition Act. The appellant will be entitled to proportionate cost. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge L.A.A.No.1080 of 2010 3 K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * C.M.Application No.1654 of 2010 in L.A.A.No.1080 of 2010 ---------------------------------------- Dated this the 8th day of October 2010 O R D E R K.M.JOSEPH,J This is an application to condone the delay of 2816 days. The learned Government Pleader takes notice in the application to condone the delay. 2. The delay is inordinate. However, we take note of the fact that the appellant may have a case on merits. More importantly, we take note of the fact that in similar matters, this Court has condoned the delay on certain terms. We follow the same decision and we allow the application to condone the delay subject to the following conditions: i) The appellant will pay a sum of Rs.5,000/- (Rupees five thousand only) to the Government through the Advocate General Office and produce a memo to that effect within a period of two weeks from today. ii) The appellant will pay a sum of Rs.5,000/- (Rupees L.A.A.No.1080 of 2010 4 five thousand only) to the Kerala High Court Legal Services Committee and produce a memo to that effect within a period of two weeks from today. 3. We further order that in case the appeal is allowed, the appellant will not be entitled to interest which otherwise the appellant would be entitled to for the period of delay, under Section 28 of the Land Acquisition Act. 4. Send up the case for admission as and when the appellant complies with the conditions. Needless to say, if the appellant does not comply with the condition, the application to condone the delay will stand dismissed. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr L.A.A.No.1080 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010