IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 LA.App..No. 284 of 2011 (A) ------------------------------- LAR.481/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): APPELLANT/CLAIMANT ------------------------------------------ RUKMINI AMMA, D/O.PARVATHI AMMA RUKMINI VILASOM,(KARADIYIL VEEDU) KOTTKKAM,KADAVOOR CHERRY, THRIKKADAVOOR VILLAGE,KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENT(S): RESPONDENT ----------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM.692 001. GOVT. PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.284 of 2011 ------------------------------------------------ Dated this the 23rd day of May, 2011 JUDGMENT Pius C. Kuriakose, J The claimant is in appeal. The main claim is regarding enhanced compensation for the building which existed on the property under acquisition. For the above building, he was awarded value of Rs.44,240/-. Though he adduced some evidence, the court below did not award any enhancement for the building. 2. Having considered the rival submissions addressed at the Bar, we feel that there is justification for awarding to the appellant a further amount of Rs.15,487/- as additional value for the building. We award to the appellant the above sum of Rs.15,487/- as additional compensation for the building. In all other respects, the award of the Reference Court will stand confirmed. But we make it clear that for the additional L. A. A. No.284 of 2011 -2- compensation to which the appellant becomes eligible by virtue of this judgment, he will be entitled for statutory benefits subject to the orders passed by us in the applications for condonation of the filing delay as well as for condonation of delay in the matter of re-presentation of the appeal. The decree copy will be issued to the appellant only after ensuring that the conditions imposed by us in those two orders have been complied with by the appellant and also that the appellant has paid the full court fee payable on the appeal memorandum. 3. The appeal is allowed to the above extent. The parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.284 of 2011 -3-