K.C. George vs The Spl. Tahsildar (L.A) Railways, EKM

Pius C. Kuriakose, J.—This appeal by the claimant pertains to acquisition of land in Ernakulam village for the purpose of expansion of Platform of the Town North Railway Station. As directed by us, the Government Pleader has taken notice on behalf of the Government and Sri. Sunilnath, the Standing Counsel for the Railways has taken notice on behalf of the Requisitioning Authority/Railways.

Both sides drew our attention to our own judgment in L.A.A.226/09, a copy of the above judgment is placed before us. Having gone through the above judgment, we are of the view that the issue raised in this appeal is covered to a certain extent in favor of the Appellant. Relying on the above judgment, we allow the appeal re-fixing the market value of the land under acquisition at Rs. 2,25,000/- per cent. The Appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and u/s 28 of the Land Acquisition Act. However, while providing for interest u/s 28, the Section will have due regard to the conditions imposed by us in the order which we have passed today condoning the delay caused in the matter of filing the appeal. Decree copy will be issued to the Appellant only after ensuring that the conditions imposed in the order condoning the delay have been complied with and also that the full court fee payable on the appeal memo is remitted by the Appellant. Parties are directed to suffer their respective costs.