IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 LA.App..No. 1040 of 2005(D) -------------------------- LAR.176/1998 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- M.C.BHARATHAN, PRAKASH BHAVAN, KARUVISSERY.P.O., KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/RESPONDENT: --------------------------------- THE SPECIAL TAHSILDAR L.A., NH NO.1, KOZHIKODE. SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009 ALONG WITH LAA.1064/05 & CON. CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------------- LAA. No. 1040 of 2005 ------------------------------------------------------------------- Dated this the 14th day of January, 2011 J U D G M E N T Pius C.Kuriakose, J. We had occasion to allow this appeal by our judgment dated 19-8-2009. But at that time the appellant was no more and we passed the judgment without noticing his death. That judgment has in fact been reopened (recalled) by us today. We have heard the counsel for the appellants and the learned senior Govt. Pleader again on the merits of the various grounds. Having regard to the submissions addressed and for the reasons stated by us in the judgment dated 19-8-2009 we are of the view that this appeal is liable to be allowed. Allowing the appeal we refix the value of the garden lands at Rs.23,000/- per cent and similarly we refix the value of wet lands involved in the acquisition at Rs.10,000/- per cent. The appellants will be entitled to all statutory benefits. However, interest under Section 28 will not be admissible during the period of 489 days condoned by us under the order in C.M. Application No. 2036 of LAA. 1040/05 -2- 2010. The registry will issue certified copy of the decree to the appellant only on noticing all the conditions imposed by us in our common order in C.M.Appln. No. 2036/10, IA.Nos. 4286, 4287 and 4288 of 2010 duly complied with. (PIUS C.KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) ksv/-