IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 LA.App.No. 169 of 2009() -------------------- AGAINST THE JUDGMENT DATED 27/07/2006 IN LAR.104/2003 of SUB COURT, MUVATTUPUZHA ................ APPELLANT /CLAIMANT : -------------------------------------- PAILY PHILIPOSE, MUNDACKAL HOUSE, MATTAKUZHY. BY ADV. SRI.T.A.SHAJI RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI - 682 030. 2. THE LEGAL OFFICER KOCHI REFINERIES LTD., KUNDANNOOR, MARADU - 682 304. R1 BY SR. GOVT. PLEADER SMT. LATHA T. THANKAPPAN R2 BY ADV. SRI. E.K.NANDAKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.No.169 of 2009 ---------------------------------------------------- Dated this the 16th day of June, 2011 Judgment Pius C.Kuriakose, J. There is no representation for the appellant. However, it is very fairly brought to our notice by Smt.Latha T.Thankappan, learned Senior Government Pleader that the issue raised in this appeal is covered to a considerable extent by the judgment of this court in L.A.A.No.1606 of 2008 and other judgments. Relying on the judgment in LAA No.1606 of 2008, we refix the market value of the land at Rs.50,000/- per Are. Relying on various other judgments, we award to the appellant a further sum of Rs.4,205/- as additional compensation towards value of the building. On the total enhanced compensation, the appellant will be entitled for all statutory benefits admissible under Sections 23 (2), 23(1A) and Section 28 of the Land Acquisition Act. However, while calculating interest under Section 28, the Registry will have due regard to the conditions imposed by this court in its order dated 12th February, 2009 in C.M.Appl.No.193 of 2009. The LAA 169/09 2 Registry will issue decree copy only after ensuring that the full court fee on the appeal memorandum is remitted. The appeal is allowed as above, however, without any order as to costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 169/09 3