IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 LA.App..No. 2257 of 2008(D) --------------------------- LAR.227/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/CLAIMANT: -------------- R.NAGAMMAL, 'SURABHI' KUNJU VEEDU SREEKANTESWARAM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENT(S)/RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY SPECIAL THAHASILDAR, L.A.PWD (SC) THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 2257 OF 2008 ------------------------ Dated this the 29th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. The claimant is in appeal. Her property in Vanchiyoor Village was acquired pursuant to Section 4 (1) notification dated 14/5/1997 for the purpose of widening of road from Over bridge to Pazhavangadi. The Land Acquisition Officer awarded land value at the rate of Rs.5,47,289/- per Are. The Reference Court on evaluating the evidence, which came on record, would refix the land value at Rs.17,31,306/- per Are. 2. Sri.R.S.Kalkura, learned counsel for the appellant would draw our attention to the judgment of this court in L.A.A. 972/2004 and submit that under that judgment, which was in respect of identical property acquired for the same purpose, this court confirmed the value of Rs.22,23,900/- per Are. 3. Smt.Latha T.Thankppan, learned senior Government Pleader would fairly concede that the SLP preferred by the Government against that judgment was not admitted. She further submitted that the property in that case was having certain additional advantages. According to Sri.Kalkura, it is the L.A.A.No.2257/2008 2 acquired property which was having additional advantage of having frontage of one more road. Whatever that be, we notice that Land Acquisition Officer treated the properties in the present case as well as in the case covered by L.A.A.No. 972/2004 as identical for the purpose of market value. Under the above circumstances, we are inclined to follow the decision taken in L.A.A. No.972/2004 and refix the market value of land under acquisition in this case at Rs.22,23,900/- per Are. It is accordingly refixed. The appeal stands allowed to the above extent. The appellant will be entitled for all statutory benefits. However, while drafting the decree, the conditions imposed by this court by order dated 25/11/2008 in C.M.Appln.2309/2008 will be taken due note of. This means that for a period of 1831 days condoned by this court, the appellant will not be entitled for statutory interest under Section 28 of the Act. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk