IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 LA.App..No. 849 of 2009 -------------------------------- LAR.77/2007 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT(S): RESPONDENT: ------------------------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINE RESPONDENT(S):CLAIMANTS: ------------------------------------------------ 1. WILSON @ VARGHESE, S/O.JOSEPH, MULLACHETHU VALLUVALLY, KOONAMMAVU P.O. 2. JAINA, W/O. WILSON, MULLACHETHU VALLUVALLY, KOONAMMAVU P.O. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.K.SHAJU VARGHESE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2011, ALONG WITH LAA NO. 1170 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.849 of 2009-B & L.A.A.No.1170 of 2010 ---------------------------------------------- Dated, this the 10th day of August, 2011 J U D G M E N T K.M.Joseph, J. Both these appeals being connected they are disposed of by a common judgment. 2. An extent of 3.35 Ares of land in Kottuvally village came to be acquired for the purpose of widening of NH 17 from Varapuzha to Cheriappilly. Sec.4 (1) notification was issued on 23.8.2004. Possession of land was taken on 19.1.2006. Treating the land as falling under category 3, the Land Acquisition Officer awarded Rs.87,576/- per Are. On reference, the Reference Court fixed the market value at Rs.1,44,500/- per Are. 3. We heard Sri.Philip T.Varghese, learned counsel appearing for the claimants and also the learned Government Pleader. It is not in dispute that in the connected matter namely in L.A.A.No.713 of 2010 in respect of the same category and similar land this Court has fixed the market value at Rs.1,62,000/- per Are. The learned Government Pleader does not have any case that the land of L.A.A.No.849 of 2009-B & L.A.A.No.1170 of 2010 -2- the claimants in this case is to be treated differently. Accordingly, we see no reason why the claimants are not entitled to the same value granted in the connected appeal. Accordingly, we dismiss L.A.A.No.849/2009 filed by the State and allow L.A.A.No.1170/2010 and hold that the appellants in L.A.A.No.1170/2010 will be entitled to compensation on the basis of the market value being fixed at Rs.1,62,000/- per Are. The appellants/claimants will also be entitled to all statutory benefits on the enhanced compensation and also the proportionate cost. We, however take notice of the order condoning the delay in filing the appeal and hold that the appellants/claimants will not be entitled to interest under Sec.28 of the Land Acquisition Act for the period of delay as ordered by us. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS