IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 LA.App..No. 513 of 2010(C) ------------------------------- LAR.149/2007 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT(S): CLAIMANT ----------------------------- JOSEPH, AGED 62 YEARS, S/O.RAPHEL, THODALIPARAMBIL HOUSE, MUNAMBAM, PALLIPORT P.O., KUZHUPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT(S): RESPONDENT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI - 682 030. SR. GOVT. PLEADER SMT.LATHA T. THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.513 of 2010 ------------------------------------------------ Dated this the 23rd day of June, 2010 JUDGMENT Pius C. Kuriakose, J Even though Smt.N.Sudha, the learned counsel for the appellant was very persuasive in her submissions, we do not find way to grant relief to the appellant. The claim in this appeal is confined to the claim for additional compensation for the building which existed on the properties under acquisition. We find that the reference in question was one under Section 28A(3). In such a reference as rightly found by the learned Subordinate Judge, the concern of the court is regarding market value of the land only. We do L. A. A. No.513 of 2010 -2- not find any infirmity about the impugned judgment. This appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- L. A. A. No.513 of 2010 -3- PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ C. M. Application No.801 of 2010 in L. A. A. No.513 of 2010 ------------------------------------------------ Dated this the 2nd day of June, 2010 ORDER Pius C. Kuriakose, J Heard both sides. The delay is condoned on condition that the appellant pays a sum of Rs.1,500/- to the High Court Legal Services Committee within two weeks from today and on further condition that in the event of the appeal being allowed and the appellant becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land L. A. A. No.513 of 2010 -4- Acquisition Act during the period of 88 days condoned by this order. Annex a copy of this order to the judgment to be passed in this appeal. Registry will send up the appeal for admission, once the receipt against payment of cost to the High Court Legal Services Committee is noticed. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-