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 2ND FEBRUARY 2011 / 13TH MAGHA 1932 LA.App..No. 1253 of 2010() -------------------------- LAR.183/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS ----------------------- 1. P.GOVINDAN, S/O. LATE PARAMU NADAR, AGED 57 YEARS, RESIDING AT VAIMA NIVAS, ROADARIKATHU VEEDU, AZHAKULAM P.O., VENGANOOR VILLAGE, THIRUVANANTHAPURAM. 2. P.VISWAMBHARAN, S/O. LATE PARAMU NADAR, AGED 52 YEARS, RESIDING AT VAIMA NIVAS, ROADARIKATHU VEEDU, AZHAKULAM P.O., VENGANOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR (L.A.) NH, KESAVADASAPURAM, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 1253 OF 2010 ------------------------ Dated this the 2nd day of February, 2011 JUDGMENT Pius C.Kuriakose, J. We have heard the submissions of Sri.Ayyappan Sankar learned counsel for the appellants and Smt.Latha T.Thankappan, learned senior Government Pleader, who has taken notice as directed by us. 2. This appeal is by the claimants and the same pertains to acquisition of land in Venganoor village pursuant to Section 4(1) notification published on 25/3/2002 for the purpose of widening of Kovalam to Mukkola Reach 1. The Land Acquisition Officer awarded land value at the rate of Rs.16,407/- per Are. The Reference Court on evaluating the evidence would refix the land value at Rs.41,000/- per Are. 3.In this appeal various grounds are raised challenging what is described as the inadequacy of the value determined by the court below and Mr.Ayyappan Sankar learned counsel for the appellants would argue on the basis of all those grounds. Smt.Latha T.Thankappan, would very fairly bring to our notice the judgment of this court in L.A.A. No.164/2009. Under that LAA.No.1253/2010 2 judgment, the value of identical lands acquired for the same purpose pursuant to the same notification has been refixed by this court at Rs.60,000/- per Are. We do not find any reason as to why the above judgment should not be followed in this case. Relying on that judgment, this appeal will stand allowed to the extent of refixing the market value of the land under acquisition at Rs.60,000/- per Are. The appellants/claimants will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the L.A.Act on the total refixed compensation to which they become eligible by virtue of this judgment. The Registry will have due regard to the conditions imposed by this court in its order dated in CMP.Appln.No.2016/2010 while drafting the decree and providing for interest under Section 28 of the Act. The Registry will issue decree copy only after ensuring that the entire balance court fee is paid by the appellants. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk LAA.No.1253/2010 3 LAA.No.1253/2010 4 PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ C.M.APPln. 2016 of 2010 in L.A.A.No. 1253 OF 2010 ------------------------ Dated this the 10th day of January, 2011 O R D E R Pius C.Kuriakose, J. This application seeking condonation of delay of 980 days caused in the matter of filing the appeal is opposed very stiffly by the learned Government Pleader. However we feel that, on considerations of justice, the application can be allowed subject to the following conditions; i). The appellants/petitioners shall LAA.No.1253/2010 5 pay a sum of Rs.3,500/- to the Government as costs within 10 days from today and produce receipt. ii). The appellants/ petitioners shall pay an equal amount to the High Court Legal Services Committee within the same time limit and produce receipt before this court. ii). In the event of the appeal being allowed and the appellants becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Act during the period of 980 days condoned by this order. Annex a copy of this order to the judgment to be passed in the appeal. Upon noticing receipts against payment of the above amounts, the Registry will send up the appeal for admission. LAA.No.1253/2010 6 PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk