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 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 LA.App..No. 729 of 2010 --------------------------------- LAR.402/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): CLAIMANTS: ------------------------------------------ 1. SREEDHARAN, MUDUMBIL VEEDU, PETTAH,THIRUVANANTHAPURAM. 2. INDIRA, W/O.SREEDHARAN, MUDUBIL VEEDU, PETTAH,THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): ----------------------- 1. STATE OF KERALA, (THE SPECIAL TAHSILDAR (LA), INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM) REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, POST BOX NO.5424,VIKAS BHAVAN (PO), MUSCOT SQUARE, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.729 of 2010 ---------------------------------------------- Dated, this the 23rd day of September, 2010 J U D G M E N T K.M.Joseph, J. The land of the appellants was acquired. On a reference under Section 18 of the Land Acquisition Act the appellants have been granted enhancement. The only complaint of the appellants in this appeal is that the appellants have not been granted statutory benefit of 12% increase per annum on the market value of the property acquired for the period 4.3.1999 to 9.5.2002, that is, the benefit under Section 23 (1A) of the Land Acquisition Act has been declined to them. Apparently, the reason for not granting the benefit is that there were certain writ petitions filed and dispossession was stayed by this Court. It is the common case that the issue at hand is covered by a judgment of this Court in L.A.A.No.1337/2008. We have gone through the said judgment. Since there is no dispute between the parties that the appellants are entitled to the said benefit for the reason LAA 729/2010 -2- that the appellants were not parties to the writ petition we are inclined to allow the appeal. Accordingly, the appeal is allowed. We order that the appellants will be entitled to Rs.1,60,175/- being the amount payable under Section 23 (1A) of the Land Acquisition Act for the period 4.3.1999 to 9.5.2002. The appellants will also be entitled to interest under Section 28 of the Land Acquisition Act for the said amount at the rate of 9% for the first year and 15% per annum thereafter till the date of payment. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS