IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 LA.App..No. 1016 of 2010(D) --------------------------- LAR.126/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT/CLAIMANT. ----------------------- UCHAMBALLY THATTARI YESODA, D/O. CHATHU, 66 YEARS, NO OCCUPATION, RESIDING AT MEETHALAE KUTTIANTAVIDA, KODIYERI AMSOM, MOOZHIKKARA DESOM, P.O.MOOZHIKKARA, THALASSERY TALUK, KANNUR DISTRICT BY ADV. SRI.K.P.HAREENDRAN RESPONDENT/RESPONDENT. -------------------------- THE SPECIAL TAHSILDAR (LA) THALASSERY P.O.THALASSERY, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.R.BINDU FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * L.A.A.No.1016 of 2010 ---------------------------------------- Dated this the 14th day of October 2010 J U D G M E N T K.M.JOSEPH,J An extent of 0.1679 hectors of land in R S 42/1 of Kodiyeri amsom of Thalassery taluk was acquired for establishment of a cancer hospital. The Land Acquisition Officer fixed the land value at Rs.3,700/- per cent. In L.A.R.No.126 of 1998, the Reference court enhanced the compensation amount by granting an additional land value of Rs.78,133/-. Aggrieved by the judgment of the Reference court, the appellant has come before this Court. 2. We have heard the learned Government Pleader. It is not in dispute that this Court has, in L.A.A.No.1556/07, refixed the land value at Rs.10,000/- per cent in respect of similar lands. We see no reason why we should deny the benefit to the appellant in this appeal. 3. Accordingly, we allow the appeal and refix the land value at Rs.10,000/- per cent. We direct that the appellant will be entitled to enhancement on the said basis. The appellant will W.P.C.No.1016 of 2010 2 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 43 days in representing the appeal as also a period of 2549 days of delay in filing the appeal as ordered by this Court in the interlocutory orders 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 W.P.C.No.1016 of 2010 3 W.P.C.No.1016 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010