IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 474 of 2004()
1. G.VIJAYAN
... Petitioner
2. K.V.UNITHA, BOTH ARE RESIDING AT
Vs
1. STATE OF KERALA, REP: BY THE DISTRICT
... Respondent
For Petitioner :SRI.V.CHITAMBARESH
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A.Nos.474 & 943 of 2004
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Dated: October 22, 2007
JUDGMENT
Kurian Joseph, J.
These are appeals filed by the claimants and the State respectively
against the judgment and decree in LAR No.1/2002 on the file of the Sub Court,
Nedumangad. In view of the judgment in LAA No.1556/2000, the land value
granted by the Reference Court has become final.
2. For the claimants, there is a grievance with regard to interest for the
belated disbursement of the amounts. The award was passed on 23.11.1996
and the undisputed amount of Rs.7,13,282/- was paid to them only on 30.1.2001.
The possession was taken on 24.2.1997. It is seen that they had approached
this court for expeditious disbursement of the amount leading to the judgment in
O.P.No.8884/2000 directing disbursement of the amount referred to above within
10 days from the date of production of a copy of the judgment. Despite such a
direction, the amount was paid only on 30.1.2001, after almost five months.
3. Though the claimants have raised a claim for enhancement of
compensation, in view of the fixation of land value at Rs.s8250/- per Are in LAA
No.1556/2000, no further enhancement on that count can be given. In that view
of the matter, the appeal filed by the State is only to be dismissed since the land
value has become final.
4. Further, the grievance of the claimants is with regard to interest under
sec.34 of the Land Acquisition Act. They have a case that since the amount of
compensation is not paid within the stipulated time, they are entitled to get
interest at the rate of 9% for one year from the date of taking possession and
L.A.A.474 & 943 of 2004 Page numbers
thereafter at 15% till the date of payment. In view of the Bench decision of this
court in Mariyumma v. State of Kerala – 1991 (1) KLT 606, non-payment of
interest under sec.34 is also an issue to be considered in a reference under
sec.18 of the Land Acquisition Act.
5. The further question is whether the claimant is to pay court-fee on that
count. That position is also settled in favour of the claimants by the Bench
decision of this court in State of Kerala v. Mytheen Pillai – 1996 (1) KLT 587
which was followed in Varghese v. State – 2003 (3) KLT SN Case No.28.
6. Therefore, while rejecting the claim made by the appellants in LAA
No.474/2004 for enhancement of land value, we hold that the claimants shall be
entitled to interest at the rate of 9% from 24.2.1997 for one year and thereafter at
the rate of 15% till 30.1.2001 on the original award amount referred to above.
L.A.A.No.474/2004 is allowed and LAA No.943/2004 is dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE.
mt/-