IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 LA.App..No. 42 of 2007() ------------------------ LAR.14/2003 of PRINCIPAL SUB COURT,ALAPPUZHA .................... APPELLANT(S): RESPONDENT ------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): CLAIMANTS AND RESPONDENT 2 ------------------------------------------ 1. SANTHAMMA, KAMPIVALAPPIL, KAKKAZHAM. 2. VIJAYAMMA, KAMPIVALAPPIL, KAKKAZHAM. 3. SHYAMALA, KAMPIVALAPPIL, KAKKAZHAM. 4. BALACHANDRAN, KAMPIVALAPPIL, KAKKAZHAM. 5. RADHA, KAMPIVALAPPIL, KAKKAZHAM. 6. THE EXECUTIVE ENGINEER (CONSTRUCTION), RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.No.42 OF 2007 ............................................. Dated this the 13th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Alappuzha in LAR.No.14/2003. An extent of 1.32 Ares of property comprised in Sy.No.13/4C6 was acquired for the purpose of Alappuzha-Kayamkulam broad guage railway line. A necessity arose for filing an application under Section 28A(3) and the Land Acquisition Court after consideration of the materials had granted interest at 9% per annum on the enhanced land value. The Land Acquisition Court considered the same in para-9 of the judgment. It also made it clear that Section 28 provides that if the court finds that the Collector ought to have awarded compensation in excess of the sum which has already been awarded the court may direct that the Collector shall pay interest at the rate of 9% per annum from the date on which he took possession of the land till the date of payment of such excess into court. It is only on the basis of the statutory provision, the : 2 : L.A.A.No.42 OF 2007 Land Acquisition Court has awarded interest at the rate of 9% which is perfectly illegal and therefore nothing requires to be interfered with the said order and therefore the appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.42 OF 2007