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 12TH JULY 2010 / 21ST ASHADHA 1932 LA.App..No. 569 of 2010 (B) -------------------------------- LAR.159/2000 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): APPELLANTS -------------------------------- 1. T.SUDARSANAN NAIR S/O.THANKAPPAN NAIR, MUDUMBIL PUTHEN VEEDU T.C 31/1782, VAYYAMOOLA, PETTAH,THIRUVANANTHAPURAM 2. T.SREEKUMARAN RESIDING AT MUDUMBIL PUTHEN VEEDU T.C 31/1782, VAYYAMOOLA, PETTAH,THIRUVANANTHAPURAM BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY POST BOX NO.5424, VIKAS BHAVAN (PO) MUSCOT SQUARE, THIRUVANANTHAPURAM. GOVT. PLEADER SMT.SUMANGALA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.569 of 2010 ------------------------------------------------ Dated this the 12th day of July, 2010 JUDGMENT Pius C. Kuriakose, J Having heard the submissions addressed before us by the learned counsel for the parties viz. Sri.Gopakumar R. Thaliyal, the learned counsel for the appellants and Smt.Sumangala, the learned Government Pleader and having gone through our own judgment in LAA.122/08 which was in respect of identical property acquired for the same purpose pursuant to the same notification, we are of the view that the appeal is to be allowed. Hence, we allow the appeal re- fixing the market value of the land under L. A. A. No.569 of 2010 -2- acquisition at Rs.1,41,000/- per Are. The appellants 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 section will have due regard to the conditions imposed by us in our order dated 09/06/10 in C.M. Application No.876/10. This means that the interest under Section 28 will not be allowed during the period of 1131 days condoned by that order. The appeal is allowed as above. Parties are directed to suffer their respective costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-