IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 LA.App..No. 172 of 2011 ---------------------------------- [AGAINST THE JUDGMENT AND DECREE DATED 16/12/2009 IN LAR.NO.24/2008 OF SUB COURT, PALA] .................... APPELLANT/CLAIMANT: ----------------------------------- G.REGUNATH, VARAKAPPILLIL, KURINJI P.O., RAMAPURAM. BY ADVS. SRI.MATHEW SKARIA, SRI.K.J.JOSEMON, SRI.JOY JOSEPH (MUNDACKAL), SRI.SUJESH J.MATHEW. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM – 686 002. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/06/2011, ALONG WITH L.A.A. NO. 174/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. HARUN-UL-RASHID,J. ------------------------------- L.A.A. NOS.172 & 174 OF 2011 ------------------------------- DATED THIS THE 7TH DAY OF MAY, 2011 JUDGMENT Learned counsel on both sides submits that the issue raised in these appeals preferred by the claimants is covered by the judgment in the connected LAA.Nos.171/2011, 173/2011 and 180/2011, which arose out of the award in the connected LAR cases, jointly tried along with these two cases. The reference court enhanced the land value and re-fixed the same at the rate of `20,000/- per cent. The Division Bench partly allowed the appeals preferred by the claimants and re-fixed the market value of the land at `25,000/- per cent. Following the decision referred above, these appeals are also partly allowed and the market value of the land under acquisition is re-fixed at `.25,000/- per cent. The appellants are also entitled for all the statutory benefits under Sections 23(2), 23(1A) and 28 of the Land Acquisition Act. The decrees and judgments under appeals are modified to the said -2- LAA.Nos.172 & 174/2011 extent. 2. There was a delay of 287 days in filing LAA.No.172/2011 and 323 days in filing LAA.174/2011. The enhanced compensation will not carry interest, otherwise admissible under Section 28 of the Land Acquisition Act during the period of 287 days in LAA.172/11 and 323 days in LAA.174/11. HARUN-UL-RASHID, Judge. kcv. -3- LAA.Nos.172 & 174/2011