IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 303 of 2010()
1. ALEYAMMA, VARACHERI, PALA, MEENACHIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :31/03/2010
O R D E R
M.N. KRISHNAN, J.
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L.A.A. NO. 303 OF 2010
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Dated this the 31st day of March, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Land Acquisition Court, Pala in LAR 40/03. Three cases were
jointly tried and disposed of by the Land Acquisition Court as
LAR 38, 39 and 40/03. 0.48 Ares of land was acquired for the
purpose of Ettumanoor and Erattupetta road. The Court
answered the reference and fixed the land value and enhanced
the compensation at the rate of Rs.45,000/- per Are and
ordered 50% of compensation to be paid to the claimant in
LAR 38/03 and 25% each in favour of the claimants in LAR 39
and 40/03. Against the award in LAR 38/03 an appeal was
filed with delay and the Division Bench of this Court by its
judgment dated 11th March, 2010 allowed the appeal refixing
the market value at Rs.2,50,000/- per cent. While condoning
the delay the Court also observed that in the event of this
appeal being allowed and the appellant becoming eligible for
L.A.A. 303 OF 2010
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enhanced compensation by virtue of the appellate judgment,
such enhanced compensation will not carry interest otherwise
admissible u/s 28 of the Land Acquisition Act during the period
of 1532 days which is condoned by the order. So on the very
same condition I also condone the delay but since cost has
been awarded in one case I am not ordering cost in the
matter. Therefore by virtue of the decision of the Division
Bench of this Court in LAA 177/10 it has to be held that the
land value has to be fixed at Rs.2,50,000/- per cent. The
other attendant benefits and the direction regarding interest
will also have to be followed.
The LAA is allowed accordingly.
M.N. KRISHNAN, JUDGE.
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