IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 LA.App..No. 996 of 2007(D) ------------------------------------- LAR.88/1998 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANTS NO.6 & 7: ------------------------------------------------------- 1. V.GANGADEVI, W/O K.VINAYACHANDRAN, AGED 56 YEARS, HOUSEWIFE, RESIDING AT PRASANTHI SADAN, KODIYERI AMSOM,MOOZHIKKARA DESOM, P.O.MOOZHIKKARA, THALASSERY TALUK,KANNUR DISTRICT. 2. P.K.KARUNAKARAN NAMBIAR, S/O ANANDAN, AGED 89 YEARS, NO OCCUPATION, RESIDING AT PRASANTHI SADAN, KODIYERI AMSOM,MOOZHIKKARA DESOM, P.O.MOOZHIKKARA, THALASSERY TALUK,KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): RESPONDENT: --------------------------------------------- SPECIAL TAHSILDAR,(L.A), THALASSERY, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT. BINDU.R. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.996 of 2007 ---------------------------------------------- Dated, this the 27th day of September, 2010 J U D G M E N T K.M.Joseph, J. This appeal is filed under Section 54 of the Land Acquisition Act feeling aggrieved by the inadequacy of the compensation awarded. The Land Acquisition Officer fixed the market value of the land at the rate of Rs.1,500 per cent. The Sub Court under Section 18 of the Land Acquisition Act fixed the land value at Rs.2,500. It is feeling aggrieved by the market value fixed, the appellants are before us. 2. We heard the learned counsel for the appellants and learned Government Pleader. It is common case that in similar matters covered by the same notification this Court has fixed the market value at Rs.4000 per cent. We see no reason to deviate from the said principle. Accordingly, we apply the same principle and direct that the appellants will be entitled to market value for the acquired land at the rate of Rs.4,000 per cent. The appellants will also be entitled to all LAA No.996/2007 -2- the statutory benefits on the enhanced compensation. The appellants will also be entitled to proportionate cost. In view of the undertaking given by the appellants that they will not claim interest for the period covered by the delay, the appellants will not be entitled to interest for the period of delay occurred in filing the appeal. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS