Usha D/o Bhargavi v. State of Kerala, Rep. by the District Collector, Thiruvananthapuram
2021-03-19
A.HARIPRASAD, ZIYAD RAHMAN A.A.
body2021
DigiLaw.ai
JUDGMENT : 1. This appeal is filed by the appellant/claimant seeking enhancement of land value, which was the subject matter of LAR No. 87/2010 of the II Addl. Sub-Judge, Thiruvananthapuram. The property having an extent of 0.49 Ares of land comprised in Sy. No. 169/12 of Cheruvaikkal Village was acquired for widening of Ulloor-Akkulam- Kuzhuvila NH Bye Pass Road. The notification under Section 4(1) of the Land Acquisition Act was published on 21.06.2007 and an award was passed on 13.08.2008. The value fixed by the Land Acquisition Officer was Rs. 2,47,198/- per Are. 2. The reference court re-fixed the land value as Rs. 24,17,100/- per Are. This appeal is filed by the claimant, being aggrieved by the same. The counsel for the appellant relied upon the judgment passed by this Court in LAA No. 162/2013, wherein the property included in the similar category and covered by the very same notification under Section 4(1), was considered and the value thereof was re-fixed as Rs. 32,90,000/- per Are. As it is evident from the records that, the properties included in this case is similar to that of the property which was the subject matter in L.A.A. No. 162/2013, it is appropriate that the value fixed by this Court in the said appeal be adopted in this case also. 3. Accordingly, the land value is hereby re-fixed as Rs. 32,90,000/- per Are. The appellant shall be entitled to all statutory benefits. 4. There was a delay of 2330 days in filing the appeal. As per the order dated 27.11.2020 in C.M. Application No. 1/2020, this Court condoned the said delay on condition that the appellant/claimant will not be entitled for interest for the period of delay. In the above circumstances, it is made clear that the appellant shall not be entitled for interest on the amount for the said period. 5. Appeal is allowed to that extent.