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 18TH MAY 2010 / 28TH VAISAKHA 1932 LA.App..No. 337 of 2010(D) -------------------------- LAR.128/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANT: -------------- UCHAMBALLY THATTARI SANTHA W/O.KRISHNAN, AGED 87 KORAMBRATH KUNIYIL ,KODIYERI AMSOM MOOZHIKKARA DESOM, THALASSERY TALUK. BY ADV. SRI.ANIL GEORGE RESPONDENT(S)/RESPONDENT: --------------- THE SPECIAL TAHSILDAR (LA), THALASSERY, KANNUR. BY G.P. SMT.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.337 OF 2010 ------------------------ Dated this the 18th day of May, 2010 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.Latha T.Thankappan, learned senior Government Pleader has taken notice on behalf of the respondent. 2. Having heard the submissions of Sri.Anil George, learned counsel for the appellant and those of the learned senior Government Pleader, We are convinced that the issue raised in this appeal is covered by Annexure A1 judgment. The property was in Kodiyeri village and the acquisition was pursuant to Section 4(1) notification published on 4/6/1997 for the purpose of Malabar Cancer Centre. The Land Acquisition Officer awarded land value of at the rate of Rs.3,770/- per cent which was refixed by the Reference Court under the impugned judgment at Rs.5655/- per cent. Under Annexure I judgment, this court has refixed the value of identical lands at Rs.10,000/- per cent. Following Annexure I, we allow this appeal and refix the value of land under acquisition at Rs.10,000/- per cent. L.A.A.No.337/2010 2 3. It is ordered that the appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Land Acquisition Act. It is however ordered that the total enhanced compensation by virtue of this judgment will not carry interest under Section 28 of the Act during the period of 2660 days which is condoned by order in C.M.Appln. No. 596/2010. The Registry will take note of this while drafting the decree. 4. The Registry will issue certified copy of the decree to the appellant only if the costs ordered by this court in C.M.Appln. 596/2010 are paid by the appellant on time. The appeal is allowed to the above extent, but in the circumstances without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk