IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 LA.App..No. 1101 of 2009() -------------------------- LAR.60/2007 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- GIRIJA, D/O. RAMAKRISHNAN, MENACHERY HOUSE, OLAVANADU, VARAPUZHA P.O. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NO.III, VYTTILA. BY GOVT.PLEADER SMT.T.T.JOSEPHINE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2011, ALONG WITH LAA NO. 1130 OF 2009 & CONNECTED CASE THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.Nos.1101, 1130 & 1197 OF 2009 ------------------------ Dated this the 13th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their properties situated in Alangad village of Paravur Taluk were acquired by the Government for the purpose of widening of N.H.17 from Varapuzha to Cheriyappilly. The Land Acquisition Officer awarded land value at the rate of Rs.87,576/- per Are. The Reference Court under the impugned judgment refixed the same at Rs.1,44,495/- per Are. 2. Sri.Biju Abraham, learned counsel for the appellants, draws our attention to the judgment of this court in L.A.A. No.730/2010. It is seen that the above judgment also pertains to the very same acquisition, but in respect of properties in another village. But, what we notice is that the Land Acquisition Officer has awarded the same rate for the properties involved in this case as well as in the previous cases. Under the judgment in that case, this court has allowed the claimant's appeal and LAA.Nos.1101/2009 2 refixed the land value at Rs.1,62,000/- per Are. We allow the present appeal to the extent of refixing the land value at Rs.1,62,000/- per Are. The appellant will be entitled for all statutory benefits admissible under Section 23 (2), 23(1A) and Section 28 of the L.A.Act on the total enhanced compensation to which they become eligible by virtue of this refixation. However, during the period of delay condoned by separate orders passed in the delay petitions, the amount will not carry interest under Section 28. The Registry will take note of the orders passed by this Court in delay petitions (C.M.Appln.Nos.1506/2009, 1539/2009 & 1638/2009) while preparing the decree. The parties are directed to suffer their respective costs. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk