IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1222 of 2010()
1. KOONICHIERE NARAYANAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KANNUR-670001.
... Respondent
2. THE SPECIAL TAHASILDAR (LAND ACQUISTION)
For Petitioner :SRI.SERGI JOSEPH THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :24/01/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
------------------------
L.A.A.No.1222 OF 2010
------------------------
Dated this the 24th day of January, 2011
JUDGMENT
Pius C.Kuriakose, J.
The claimant in a reference under Section 28A(3) is the
appellant. The ground prominently raised by the appellant is
that the Reference Court went wrong in not relying on the court
award, which was relied on by the appellant in a subsequent
application under Section 28A, which was filed by him on
noticing that no action was being taken on 28A application
filed by him originally.
2. The above ground does not appeal to us. Admittedly,
the application under Section 28A filed by the appellant originally
was allowed by the Land Acquisition Officer though belatedly.
The Land Acquisition Officer, having allowed the application filed
by the appellant, could have relied only on the court award
relied on in that application. When that is done the market
value could have been redetermined only at the rate of
Rs.1,500/- per cent. That is what has been done by the Land
LAA.No.1222/2010 2
Acquisition Officer as well as by the Reference Court.
3. The other ground, which is raised by the appellant, is
that due statutory benefits admissible under Section 23(2), 23
(1A) and 28 of the Act on the redetermined land value has not
been awarded. A reading of the operative portion of the
impugned judgment will indicate that there is some substance
in the above ground raised by the appellant. Hence, we deem it
necessary to issue the following clarifications.;
It is clarified that the total market value of land due to the
appellant will be determined at the rate of Rs.1500/- per cent.
On the total market value redetermined as above, the appellant
will be entitled for solatium at the rate of 30% under Section
23(2). He will also be entitled for an additional amount under
Section 23(1A) on the market value redetermined during the
period from 22.2.1983 till 16/3/1984 at 12%. On the above
amount (redetermined market value of land + redetermined
solatium), he will be entitled for interest at the rate of 9%
during the first year from 5/4/1984 and thereafter at the rate of
15% per annum. It is from the total compensation to be
determined as above, that the sum of Rs. 3,06,879.69/- paid
LAA.No.1222/2010 3
to him by the LAO is to be deducted.
We dismiss the above appeal subject to the above
clarifications.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
dpk