IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 LA.App..No. 830 of 2010(B) ----------------------------------- LAR.283/2007 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT(S): CLAIMANT: --------------------------------------- DR.GIGI RAJ, S/O.K.C.RAJAN, AGED 38 YEARS, KULANGARA HOUSE, CHITTANADU KARA, KUNNATHUNADU VILLAGE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, DR.K.C.RAJAN, S/O.CHAKKO, AGED 65 YEARS, KULANGARA HOUSE, CHITTANADU KARA, KUNNATHUNADU VILLAGE. BY ADV. SRI.JEEMON K.ABRAHAM SRI.VINEETH KURIAKOSE RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA 2. THE CHIEF MANAGER, POWER GRID CORPORATION OF INDIA LTD. R1 BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN R2 BY STANDING COUNSEL SRI.MILLU DANDAPANI. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2011, ALONG WITH LAA NO. 872 OF 2010 LAA NO. 899 OF 2010 & LAA NO.871 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.Nos.830 of 2010, 871 of 2010, 872 of 2010 & 899 of 2010 ---------------------------------------------- Dated, this the 26th day of August, 2011 J U D G M E N T K.M.Joseph, J. The above appeals being connected, we are disposing of the same by a common judgment. 2. We heard the learned the learned counsel for the appellants, the learned counsel for the Power Grid Corporation of India and also the learned senior Government Pleader. 3. The lands involved in the above appeals belonging to the appellants came to be acquired under the Notification dated 28.2.2005 for the purpose of establishing a Sub-Station for the Power Grid Corporation of India. The Land Acquisition Officer categorized the land into 9 categories. The lands involved in these appeals fell in Group 'D'. The Land Acquisition Officer awarded Rs.1,27,983/- per Are. In the reference application filed, the Reference Court has fixed the market value of the land at Rs.1,91,974/- per Are. It is not in dispute that in connected appeals this Court has fixed the land value at Rs.2,21,170/- per Are which represents 77.5% increase. There is no dispute that the lands involved in these appeals also fell in Group 'D' and the value fixed by this Court at Rs.2,21,170/- per Are can be fixed for the lands in these appeals. We see no reason why the appellants LAA 830,871,872,899/2010 -2- should not be entitled for the benefit of the judgment of this Court fixing the market value of the land at Rs.2,21,170/- per Are. Accordingly, we allow the Land Acquisition Appeals and we fix the market value of the lands at Rs.2,21,170/- per Are for the lands involved in these appeals and we allow the appellants to recover the market value on the said basis. We further direct that the appellants will be entitled to all the statutory benefits on the enhanced compensation and also the proportionate cost in the matter. We make it clear that the appellants will not be entitled to interest for the period of delay in terms of the interim orders passed in these cases. The said orders shall also be annexed to the judgment. Appellants are given two weeks' time to pay the balance court fee payable on the amended appeal memorandum. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS