High Court Kerala High Court

Aleyamma vs State Of Kerala on 31 March, 2010

Kerala High Court
Aleyamma vs State Of Kerala on 31 March, 2010
       

  

  

 
 
  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.

ul/-