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 7TH APRIL 2010 / 17TH CHAITHRA 1932 LA.App..No. 1453 of 2009() -------------------------- LAR.50/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANT ---------------------- SMT.K.P.RABIA, W/O.LATE V.K.AHAMMED, AGED 47 YEARS, VALIYAVEETTIL HOUSE, VADAKKUMBHAGAM DESOM, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S)/RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, N.H.BRIDGES DIVISION, KODUNGALLOOR. SR. GOVERNMENT PLEADER LATHA T.THANKAPPAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, ALONG WITH LAA. 1579 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. -------------------------------------------------------- LAA. No. 1453 & 1579 of 2009 ------------------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T Pius C. Kuriakose, J. The claimants are the appellants. Their properties were acquired pursuant to section 4(1) notification published on 14-3-2002 for the purpose of National Highway 17. LAA. No. 1579 of 2009 pertains to LAR. No. 69 of 2009. The land involved in this case was included in category-III, for which the LA Officer awarded value at the rate of Rs.98,190/- per Are. The reference court on the basis of the evidence which came on record refixed the land value at Rs.1,27,647/- per Are. LAA. No. 1453 of 2009 pertains to LAR. No. 50 of 2008. The land involved in this case was included in category – V by the LA Officer who awarded value at the rate of Rs.92,340/- per Are. The reference court found the land eligible to be included in superior category – II and that court refixed the value at LAA.1453 & 1579 of 2009 - 2 - Rs.1,68,000/- per Are. There was a building on this property for which the LA Officer awarded Rs.73,939/- which was enhanced by the reference court to Rs.22,181/-. In LAA No. 1579 of 2009 grounds are raised contending that the land value refixed by the court below is inadequate while in LAA. No. 1453 of 2009 not only the land value redetermined is challenged but also the adequacy of the compensation towards building. 2. We have heard the submissions of Sri.Abdul Jabbar, learned counsel for the appellants and those of Smt. Latha T.Thankappan, learned senior Govt. Pleader. Our attention was drawn by Mr.AAbdul Jabbar to the judgment of this court in LAA. No. 981 of 2009. Having gone through the above judgment, we feel that there is justification for allowing both these appeals to a certain extent. On the basis of the decision taken in that judgment we award enhanced land value of Rs.14,728/- per Are over and above LAA.1453 & 1579 of 2009 - 3 - the value refixed by the reference Court. In LAA. No. 1453 of 2009 we award a further enhancement of Rs.6000/- per Are over and above the value awarded by the reference court. Similarly, to the appellant in LAA. N. 1579 of 2009 we award a further amount of Rs.3,700/- towards further compensation for the building in question. Even though grounds have been raised challenging the adequacy of the compensation for injurious affection in both these appeals we are not impressed by those grounds. The appeal is allowed to the above extent. The appellants will be entitled for all statutory benefits. 3. The appellants have a further grievance that since the original compensation amount was paid to the appellants in part, the statutory benefits by way of interest was not received by them in full. We clarify that on the total enhanced compensation to which the appellants are eligible by virtue of this judgment they will be entitled for all LAA.1453 & 1579 of 2009 - 4 - statutory benefits including the interest under section 28 of the L.A. Act. It is open to the appellant to claim statutory interest under section 28 on the basis of the present decree by filing execution petition. Appeals are allowed as above, but in the circumstances without any order as to costs. PIUS C.KURIAKOSE, JUDGE C.K. ABDUL REHIM, JUDGE ksv/- The first sentence, beginning in the first line of page 3 of the common judgment in L.A.A Nos. 1453 & 1579/2009 dated 07/04/2010 is deleted and substituted by the following sentence. ” In L.A.A No. 1453 of 2009, we award a further enhancement of Rs 6,000/- (Rupees six thousand only) for the building in question”, vide order dated 01/02/2013 in R.P 13/2013 in L.A.A 1453/2009. Sd/- Registrar Judicial