IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 54 of 2011()
1. PANKAJAKSHY AMMA,W/O.SIVARAMAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY DISTRICT
... Respondent
For Petitioner :SRI.P.P.THAJUDEEN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :03/02/2011
O R D E R
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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L.A.A.No. 54 OF 2011
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Dated this the 3rd day of February, 2011
JUDGMENT
Pius C.Kuriakose, J.
It is agreed to by both sides that the issue raised by the
claimant in this appeal is covered in favour of the claimant by the
judgment of this court in L.A.A. No.1355/2009. A copy of that
judgment is before us. For the reasons stated in that judgment,
this appeal is only to be allowed refixing the market value of the
land under acquisition at Rs.50,000/- per cent. It is accordingly
refixed.
The appeal is allowed to the above extent. The appellant
will be entitled for all statutory benefits under Section 23(2), 23
(1A) and Section 28 of the Act on the total enhanced
compensation to which she becomes eligible by virtue of this
judgment. However, while the decree is drafted and provision is
made for the statutory interest under Section 28, the Section will
have due regard to the conditions imposed by us in the order
dated 21/1/2011 in C.M.Appln.124/2011. The appellant will pay
L.A.A..No.54/2011 2
balance court fee within three weeks. The Registry will issue
decree copy only after ensuring that the balance court fee is paid
in full.
PIUS C.KURIAKOSE,JUDGE
N.K.BALAKRISHNAN, JUDGE
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L.A.A..No.54/2011 3
PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
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C.M.Appln.124/2011 in
L.A.A.No. 54 OF 2011
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Dated this the 21th day of January, 2011
O R D E R
Pius C.Kuriakose, J.
This application seeking condondation of delay of 696 days
caused in the matter of filing the appeal is very stiffly opposed by
the learned senior Government Pleader. However, on the
L.A.A..No.54/2011 4
consideration of justice and the consideration that as far as
possible causes should be allowed to be adjudicated on merits,
we are inclined to condone the delay imposing terms. This
application will stand allowed and the delay will stand condoned
subject to the following conditions;
i). The appellant shall pay a sum of Rs.10,000/- to the
Government as costs through the office of the Advocate General
within 10 days from today.
ii). The appellant shall pay an equal amount to the High
Court Legal Services Committee also within the same time limit.
Iii). In the event of the appeal being allowed and the
appellant becoming eligible for enhanced compensation, such
enhanced compensation will not carry interest otherwise
admissible under Section 28 of the Act during the period of 696
days condoned by this order.
Annex a copy of this order to the judgment to be passed in
the appeal.
PIUS C.KURIAKOSE,JUDGE
L.A.A..No.54/2011 5
N.K.BALAKRISHNAN, JUDGE
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