IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 LA.App..No. 890 of 2009(B) ------------------------------- LAR.157/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S)/CLAIMANT: ----------------------------- KALLIADAN PADMINI, W/O. NARAYANAN NAMBIAR, KARIYIL VEEDU, KEEZHALLUR AMSOM, ELAMBARA DESOM, ELAMBARA. BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/RESPONDENT: ----------------------------------- SPECIAL TAHSILDAR, LA FOR AIRPORT, MATTANNUR, KANNUR. GOVT. PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.890 of 2009 ------------------------------------------------ Dated this the 24th day of May, 2010 JUDGMENT Pius C. Kuriakose, J Having regard to the grounds raised in the memorandum of appeal and the submissions addressed before us by Mr.Cibi Thomas, the learned counsel for the appellant and Smt.R.Bindu, the learned Government Pleader, we are of the view that the judgment in L.A.A.889/09 has decided the issue contained in the appeal in favour of the appellant. Following that judgment, we re-fix the value of the land under acquisition in this case at Rs.2,500/- per cent, thus granting the appellant enhancement at the rate of L. A. A. No.890 of 2009 -2- Rs.1,000/- per cent more than what is awarded under the impugned judgment. 2. The appeal stands allowed as above. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act. While drafting the decree, the Registry will have due regard to the conditions imposed by this Court while condoning the delay in filing the appeal as per the order in I.A.303/10. Parties are directed to suffer their respective costs in the appeal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-