IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 LA.App..No. 1571 of 2009(C) -------------------------------- LAR.106/1998 of ADDL. SUB COURT, THALASSERY .................... APPELLANT(S): LEGAL REPRESENTATIVE OF CLAIMANT: -------------------------------------------------------------- 1. P.K.GOPALAN (DIED), LRS:- V.K.YESHODA GOPALAN, W/O.LATE P.K.GOPALAN, AGED 65 YEARS, NO OCCUPATION, RESIDING AT 'SEVEN WELLS', NO.37, II FLOOR, PARAMANANDAM STREET, CHENNAI-1. 2. G.PREMKUMAR, S/O.LATE P.K.GOPALAN, AGED 46 YEARS, BUSINESSMAN, RESIDING AT 'SEVEN WELLS', NO.37, II FLOOR, PARAMANANDAM STREET, CHENNAI-1. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENT: ------------------------------------ THE SPECIAL TAHSILDAR, LAND AQUISITION, THALASSERY, KANNUR DISTRICT. SR. GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.1571 of 2009 ------------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT Pius C. Kuriakose, J Legal heirs of the deceased claimant are in appeal. The acquisition was of land in Kodiyeri village pursuant to section 4(1) notification published on 25/11/97. The Land Acquisition Officer awarded land value at the rate of Rs.9,313/- per Are. The Reference Court under the impugned judgment re-fixed the same at Rs.13,585/- per Are. In this appeal, the appellants' claim that the land value be re-fixed at Rs.10,000/- per cent based on judgment of this Court in L.A.A.301/05. L. A. A. No.1571 of 2009 -2- 2. Smt.Latha T. Thankappan, the learned senior Government Pleader raises a point of objection regarding the maintainability of this appeal. She submits that the Government had preferred L.A.A.529/05 against the impugned judgment. In that appeal, this Court had issued notice to the present appellants. They had filed vakalath also before this Court in that appeal. If they had any grievance about the impugned judgment, it was up to them to have filed a memorandum of cross objections or a separate appeal at that time. Having not done so, the present appeal cannot be entertained. 3. We do not think that we will be justified in upholding the technical objections raised by the senior Government Pleader. We notice that the L. A. A. No.1571 of 2009 -3- notice that was issued by this Court was on an impleading application and it is true that pursuant to the impleading application present appellants have entered appearance by filing vakalath. However, this Court never allowed the impleading application. This Court did not become inclined to entertain the appeal and dismissed the appeal at the admission stage itself. Thus, it cannot be stated that the appellants had an effective opportunity to file an appeal or cross objections earlier. At the same time, we notice that there was some negligence on the part of the appellants. They knew about the pendency of the appeal preferred by the Government when they received the notice. If they were vigilant they could have preferred a separate appeal then and L. A. A. No.1571 of 2009 -4- there. Of course, we condoned the delay caused in the matter of preferring the appeal by imposing conditions. But, we feel that they have to pay further penalties which we are incorporating towards the end of the judgment. 4. The issue regarding the market value is directly covered by the judgment of this Court in L.A.A.301/05. Necessarily, the decision taken by this Court in that judgment has to be followed. Following that decision, we re-fix the value of that land under acquisition at Rs.10,000/- per cent. The appeal is allowed to the above extent. But in view of the lack of diligence on the part of the appellants in the matter of pursuing their claims, we are issuing the following orders:- a) During the period from 15/10/09 till this L. A. A. No.1571 of 2009 -5- date i.e. 02/03/10, the total enhanced compensation to which the appellants become eligible by virtue of this judgment will not carry interest otherwise admissible under section 28 of the Land Acquisition Act. b) The appellants shall pay a sum of Rs.2,000/- to the High Court Legal Services Committee within ten days. The Registry while preparing the decree copy will have due regard to the direction in this judgment regarding eligibility of section 20 interest and also to the directions in the order dt.08/01/10 in C.M. Application No.2192/09. The copy of the appellate decree will be issued to the appellants only on noticing receipt against payment of the above amount to the High Court Legal Services Committee. L. A. A. No.1571 of 2009 -6- 5. Subject to the above, the appellants will be entitled for all statutory benefits. Parties are directed to suffer their respective costs. 6. While incorporating the provisions in the appellate decree regarding the eligibility of the appellants to statutory interest under section 28, the Registry will ensure that there is no overlapping between the dates mentioned in this judgment as well as the order in C.M. Application No.2192/09. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-