IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 LA.App..No. 31 of 2009() ------------------------ LAR.23/2002 of ADDL.SUB COURT,THALASSERY .................... APPELLANT: ------------ MEENAKSHI KOOVUMMAL KUNDILE VALAPPIL, IRINAVU P.O., IRINAVU. BY ADV. SRI.V.PREMCHAND SRI.SANTHOSH.M.K. RESPONDENT(S)/RESPONDENTS: ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KANNUR. 2. THE MANAGING DIRECTOR, 'KINFRA', VELLAYAMBALAM, THIRUVANANTHAPURAM. BY SR.GOVT.PLEADER SHRI BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- C.M.A.NO.37 OF 2009 IN L.A.A.No.31 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF JANUARY, 2009 O R D E R PIUS C.KURIAKOSE,J. This is an application seeking condonation of the delay of 576 days caused in the matter of filing the appeal. The Government opposes this application. Having regard to interests of justice, we are of the view that this application can be allowed imposing a condition, which will safeguard the Government's interest in the subject matter of the appeal. Accordingly, the delay is condoned and the appeal is considered for admission, on condition that if ultimately the appellant is found to be entitled for enhanced compensation, than what is awarded to her under the impugned judgment, such enhanced compensation will not carry interest at the statutory rates provided under Section 28 of the Land Acquisition Act for the period of 576 days covered by this application. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- L.A.A.No.31 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF JANUARY, 2009 J U D G M E N T PIUS C.KURIAKOSE, J. This is an appeal filed by the claimant seeking more enhancement of compensation than what is awarded to her by the reference court. The case pertains to acquisition for the second respondent KINFRA, i.e., for the establishment of their Kannur Power Project. It is brought to our notice that against enhancement granted at various rates, including the rate granted under the impugned judgment, there were a large number of appeals before this Court and this Court by common judgment dated 22.7.2008 set aside the judgment of the reference court and remanded the matter back to that court for fresh consideration and decision, giving opportunity to both sides to adduce fresh evidence. The copy of the above judgment is placed before us. 2. Having gone through the common judgment and having heard the submissions of the learned counsel for the appellants and the learned Government Pleader, we feel that the L.A.A.No. 31/09 2 decision taken in that common judgment is to be followed in this case also. Accordingly, we set aside the judgment under appeal and remit L.A.R.No.23/02 to the Additional Sub Court, Thalassery for fresh consideration and decision. It will be open to both sides to adduce fresh evidence. The reference court shall pass revised judgment in this case within five months on receiving copy of this judgment. Since, the matter is being remanded, the appellant does not have to pay balance court fee and even the initial court fee of Rs.4,563/- remitted by her will be refunded to her. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn