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 17TH AUGUST 2010 / 26TH SRAVANA 1932 LA.App..No. 973 of 2010(C) -------------------------- LAR.6/2006 of PRINCIPAL SUB COURT, ATTINGAL .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, K.S.T.P., PULAMON, KOTTARAKKARA. BY SR. GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT IN LAR ------------------------------ N.SUKUMARAN, POWER OF ATTORNEY OF SAJEEVAN, SISILI BHAVAN, KURAVANKUZHI, PAZHAYAKUNNUMMEL. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 973 of 2010 ``````````````````````````````````````````````````````` Dated this the 17th day of August, 2010 J U D G M E N T Pius C.Kuriakose, J. The land value refixed is already approved by this Court in L.A.A.No.851/2010. The court below has awarded Rs.3,000/- by way of shifting charges. We are of the view that the shifting charges awarded is reasonable but, as rightly submitted by the learned Government Pleader, the court below has committed a mistake in awarding the statutory benefits under Sections 23(2) and 23(i)(A) on the abovementioned sum of Rs.3,000/-. That is clearly erroneous. We clarify that the amount of Rs.3,000/- awarded by way of shifting charges will not be eligible for the benefit under Sections 23(2) and 23(i)(A) of the Land Acquisition Act. We also clarify that the statutory interest under Section 28 will become admissible only from the date of possession, i.e., 19-01-2005. The appeal is accordingly dismissed. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) aks