IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 LA.App..No. 150 of 2010 (B) ------------------------------- LAR.76/2007 of SUB COURT, QUILANDY .................... APPELLANT(S)/CLAIMANT: ----------------------------- 1. T.V.ABDUL VAJID, S/O.LATE MUHAMMED KUNIYIL HOUSE, NADUVANNUR VILALGE, KOYILANDY TALUK, KOZHIKODE DISTRICT 2. SAINABA, W/O.LATE MUHAMMED DO..DO.. 3. SUMAYYA, D/O.LATE MUHAMMED DO.DO.. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S)/RESPONDENTS 1 AND 2: ----------------------------------------------- 1. THE SPECIAL TAHSILDAR (LA) KOYILANDY, KOZHIKODE DISTRICT. 2. THE EXECUTIVE ENGINEER P.W.D. ROADS DIVISION, KOZHIKKODE. GOVT. PLEADER SMT.C.M.CHARISMA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.150 of 2010 ------------------------------------------------ Dated this the 22nd day of July, 2011 JUDGMENT Pius C. Kuriakose, J The claimants are in appeal. Their properties in Ulliyeri village was acquired pursuant to Section 4(1) notification published on 05/08/04 for the purpose of construction of bridge and approach road at Kizhakkottkadavu. The Land Acquisition Officer awarded land value at the rate of ` 3,115/- per cent which under the impugned award has been re-fixed at ` 10,000/- per cent. Sri.M.S.Narayanan, the learned counsel for the appellants would draw our attention to the judgments of this Court in L.A.A. Nos.85/10, 103/10, 179/10 and 438/10 and submit that in all those cases where identical properties were acquired this Court has re-fixed the land value at ` 26,000/- per cent or more. Copies of the above judgments are placed before us. We notice that the submission of the learned L. A. A. No.150 of 2010 -2- counsel is correct. But we find from the memorandum of appeal that the appellant has limited his claim for land value to ` 20,000/- per cent. That being so, the appellants cannot aspire for land value at a higher rate. Hence, we allow the appeal only to the extent of re-fixing the land value at ` 20,000/- per cent. The appellants will be entitled for all statutory benefits also. However, while interest under Section 28 is calculated, the period of 22 days under which the appeal was delayed will be excluded from the reckoning. The appeal is allowed, however, without any order as to costs. The decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/- L. A. A. No.150 of 2010 -3-