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 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 LA.App..No. 1231 of 2008() -------------------------- LAR.1/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANTS ------------------------ HALVIN.T, SAJ BHAVAN, ARAMAD P.O., PLAVILA, THIRUMALA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1231 OF 2008 ------------------------ Dated this the 16th day of September, 2009 JUDGMENT Pius C.Kuriakose, J. Even though the learned senior Government Pleader Smt.Latha T.Thankappan addressed us strenuously, we are not inclined to interfere with the enhancement granted by the reference court. The property was in Thirumala village, within the limits of the Thiruvananthapuram Corporation. Relevant Section 4(1) notification was published on 30/8/1999. The Land Acquisition Officer awarded land value at the rate of Rs.24638/- per Are, which was refixed by the reference court to Rs.37,000/- per Are. 2. Having gone through the impugned judgment and having taken into account the importance of the locality, we are of the view that the value refixed by the reference court is more or less equal to the correct market value of the property at the relevant time. The learned Government Pleader submits that a mistake has crept in while awarding interest under Section 28 of the Act. Instead of awarding interest under Section 28 from the date of LAA.No.1231/2008 2 possession, what has been done is to award such interest from the date of award. We find some force in the above submission of the learned Government Pleader. We permit the Government to move the Reference Court for correcting the above mistake, since we are sure that the above mistake is the result of an accidental slip or omission on the part of the learned Sub Judge. The appeal is dismissed confirming the enhancement granted by the reference court and permitting the Government to move the Reference Court under Sections 152 and 153 of Civil Procedure Code for appropriate correction in the decree regarding the interest granted under Section 28 of the Act. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk