IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 LA.App..No. 1004 of 2008() -------------------------------- LAR.134/2003 of PRINCIPAL SUB COURT,NORTH PARAVUR .................... APPELLANT(S): CLAIMANT: -------------------------------- SARAMMA, W/O.VARKEY, KANNAMKOTTALIL HOUSE, KUZHIKKADU. BY ADVS. SRI.T.A.SHAJI SMT.T.V.NEEMA SRI.K.C.PAULOSE RESPONDENT(S): RESPONDENTS: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. CIVIL STATION BUILDINGS, KAKKANAD, KOCHI-682 030. 2. KOCHI REFINERIES LTD., REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVT.PLEADER SMT. T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2011, ALONG WITH L.A.A. NO.1153/2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.1004, 1153, 1194 & 2203 of 2008 & 945 of 2009 & 50 of 2010 ---------------------------------------------------- Dated this the 27th day of May, 2011 Judgment Pius C.Kuriakose, J. When these cases came up for hearing, both sides agreed that the matter is covered by the judgment of this court in LAA No.248 of 2008. In these cases, the Land Acquisition Officer awarded land value at the rate of Rs.31,900/- per Are. The reference court refixed the same at Rs.42,000/- per Are. This court by the judgment in L.A.A.No.248 of 2008 refixed the land value at Rs.47,000/- per Are. We, therefore, straightway refix the land value involved in these cases at Rs.47,000/- per Are. 2. Applying the principle that construction of building as per P.W.D. schedule of rates is not a pragmatic proposition, we award to the appellant in LAA No.1153/08 a further sum of Rs.41,597/- as additional compensation for the building which existed on the property. Following the same principle, we award to the appellant in LAA No.1194/08 a further sum of LAA 1004/08 etc. 2 Rs.41,061.75 as additional compensation. So also to the appellant in LAA No.2203/08, we award a further sum of Rs.35,521/- as additional compensation (the amount claimed by the appellant). Similarly, to the appellant in LAA No.50 of 2010, we award a further sum of Rs.69,346/- (the amount claimed by the appellant) as additional compensation. The appellants will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and Section 28 of the Land Acquisition Act. However, for the appellants in LAA Nos.1004/08, 1153/08, 1194/08 and 2203/08 while provision is made for the interest under Section 28, it should be ensured that the above interest is not awarded during the periods the appeals were delayed. The appeals are allowed as above, however, without any order as to costs. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA 1004/08 etc. 3 LAA 1004/08 etc. 4