IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 LA.App..No. 303 of 2010(A) ---------------------------- LAR.40/2003 of SUB COURT, PALA .................... APPELLANT(S): CLAIMANT ------------------------------ ALEYAMMA, VARACHERI, PALA, MEENACHIL VILLAGE, MEENACHIL TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): RESPONDENT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY SR. GOVERNMENT PLEADER SRI. BEENY VARGHESE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 303 OF 2010 = = = = = = = = = = = = = = = Dated this the 31st day of March, 2010. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Pala in LAR 40/03. Three cases were jointly tried and disposed of by the Land Acquisition Court as LAR 38, 39 and 40/03. 0.48 Ares of land was acquired for the purpose of Ettumanoor and Erattupetta road. The Court answered the reference and fixed the land value and enhanced the compensation at the rate of Rs.45,000/- per Are and ordered 50% of compensation to be paid to the claimant in LAR 38/03 and 25% each in favour of the claimants in LAR 39 and 40/03. Against the award in LAR 38/03 an appeal was filed with delay and the Division Bench of this Court by its judgment dated 11th March, 2010 allowed the appeal refixing the market value at Rs.2,50,000/- per cent. While condoning the delay the Court also observed that in the event of this appeal being allowed and the appellant becoming eligible for L.A.A. 303 OF 2010 -2- enhanced compensation by virtue of the appellate judgment, such enhanced compensation will not carry interest otherwise admissible u/s 28 of the Land Acquisition Act during the period of 1532 days which is condoned by the order. So on the very same condition I also condone the delay but since cost has been awarded in one case I am not ordering cost in the matter. Therefore by virtue of the decision of the Division Bench of this Court in LAA 177/10 it has to be held that the land value has to be fixed at Rs.2,50,000/- per cent. The other attendant benefits and the direction regarding interest will also have to be followed. The LAA is allowed accordingly. M.N. KRISHNAN, JUDGE. ul/-