IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR.JUSTICE K.HARILAL FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 LAA.No. 719 of 2011 (D) --------------------------- LAR.173/2007 of SUB COURT, MAVELIKKARA ------------------------- APPELLANT(S)/CLAIMANT ---------------------------- SARASWATHY, THANUVELIL MEENATHERIL PERINGALA KAYAMKULAM. BY ADV.SRI.C.P.RAVIKUMAR SRI.S.MOHANAN RESPONDENT(S)/RESPONDENTS ----------------------------------- 1) STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM-682031 2) SOUTHERN RAILWAY REPRESENTED BY GENERAL MANAGER THROUGH EXECUTIVE ENGINEER (CONSTRUCTION DOUBLING), KAYAMKULAM-690502 SRI.M.C.CHERIAN,SR.SC.,RAILWAYS SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. No.719 of 2011 ------------------------------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C. Kuriakose, J This appeal is filed by the claimant. Her dry as well as wet lands in Kayamkulam village were acquired for the purposes of Railways pursuant to Section 4(1) notification published on 06/10/04. The Land Acquisition Officer under his award awarded land value at the rate of ` 9373/- per Are for the wet lands and at the rate of ` 17,448/- per Are for the dry lands. The Reference Court under the impugned award re-fixed the land value respectively at ` 15,000/- per Are and ` 30,000/- per Are. 2. Having considered the submissions addressed before us by Sri.C.P.Ravikumar, the learned counsel for the appellant, Sri.M.C.Cherian, the learned Standing Counsel for L. A. A. No.719 of 2011 -2- the Railways and Sri.C.R.Shyamkumar, the learned Senior Government Pleader who supported Sri.Cherian in all respects, we feel that the issue is covered in favour of the appellant by judgment of this Court in L.A.A.854/10. Following that judgment, we allow this appeal and re-fix the market value of the wet lands under acquisition at ` 30,000/- per Are and that of the dry lands under acquisition at ` 60,000/- per Are. The appellant will be entitled for all statutory benefits. But this will be subject to the conditions imposed by this Court in its order dated 22/12/11 in C.M.Application No.1647/11. Before issuing decree copy it should be ensured that the cost ordered as per that order has been remitted. It should also be ensured while drafting the decree that the conditions imposed by the Reference Court regarding interest under Section 28 are also complied with. Before decree copy is issued it should be ensured that L. A. A. No.719 of 2011 -3- the appellant has paid the full court fee payable on the appeal memorandum. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE L. A. A. No.719 of 2011 -4- PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ C. M. Application No.1647 of 2011 in L. A. A. No.719 of 2011 ------------------------------------------------ Dated this the 22nd day of December, 2011 ORDER Pius C. Kuriakose, J The delay is condoned subject to the following conditions:- a) The appellant shall pay a sum of ` 3,000/- to the 2nd respondent through their Standing Counsel in this Court within ten days from today and produce receipt. b) In case the appeal is allowed, the enhanced compensation to which the appellant may become eligible will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act during the period of 323 days condoned by this order. Annex a copy of this order to the judgment to be L. A. A. No.719 of 2011 -5- passed in this appeal. Sri.C.P.Ravikumar, the learned counsel for the appellant submits that the cost amount ordered will be paid. We accept the above submission and direct the Registry to post the appeal for admission tomorrow for admission. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE