Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 LA.App..No. 706 of 2012 (B) LAR.NO.137/1999 OF ADDL.SUB COURT,KOLLAM APPELLANT/2ND CLAIMANT: ------------------------------- DOTTY NETTO, W/O.LATE EDWARD NETTO, VAHYA VEETTIL, NEERAVIL, THRIKKADAVOOR, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT: STATE: -------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR KOLLAM-690 013. BY SR.GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
---------------------------------------------------- L.A.A. NO. 706 OF 201.B ---------------------------------------------------- Dated this the 19th day of December, 2012 JUDGMENT K.T.Sankaran, J.
The second claimant in L.A.R.No.137 of 1999 on the file of the Court of the Additional Subordinate Judge, Kollam is the appellant. It is stated that the first claimant in the Land Acquisition Reference, the husband of the appellant, expired.
2. An extent of 30 Ares of land in R.S.No.41/22 of Thrikkadavoor Village, belonging to the claimants, was acquired for the purpose of National Highway Bye-pass, Kollam. Notification under Section 4(1) of the Land Acquisition Act was published on 26.2.1996. Award was passed on 2.2.1999. Possession of the land was taken on 17.12.1999. The Land Acquisition Officer awarded land value at the rate of `24,176/- per Are. Dissatisfied with the amount awarded, the claimants filed application under Section 18 of L.A.A. NO. 706 OF 201.B ::
2. :: the Land Acquisition Act. On reference as L.A.R.No.137 of 1999 on the file of the Additional Sub Court, Kollam, the land value was enhanced by `14,505/- per Are, over and above the amount awarded by the Land Acquisition Officer. The other statutory benefits were also granted to the claimants. The second claimant is not satisfied with the amount awarded by the Land Acquisition Court. It is submitted that in L.A.A.No.495 of 2012, which arose from a similar case where the land was acquired for the same purpose, a Division Bench of this Court enhanced the land value and re-fixed the same at `65,000/- per Are. For parity of reasons, we are of the view that the land value in the present case is also liable to be re- fixed at `65,000/- per Are.
3. Accordingly, the Land Acquisition Appeal is allowed in part and the land value is re-fixed at `65,000/- per Are. The appellant would be entitled to get proportionate costs also. While computing the interest payable, the appellant would not be entitled to claim interest under Section 28 of the Land Acquisition L.A.A. NO. 706 OF 201.B ::
3. :: Act on the enhanced compensation, for a period of 1905 days, as ordered while condoning the delay of 1905 days in filing the appeal. Registry will issue copy of the judgment and prepare the decree only after the appellant pays the balance court fee. (K.T.SANKARAN) Judge (M.L.JOSEPH FRANCIS) Judge ahz/