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Judgment
Pius C.Kuriakose, J
The claimants are the appellants. Their property in Thrikkadavur village was acquired pursuant to Section 4(1) notification published on 12/3/1999 for the purpose of NH Bye- pass, Kollam. The Land Acquisition Officer awarded land value at the rate of Rs.24,985/- per Are. The Reference Court on evaluating the evidence adduced by the parties would refix the land value at Rs.39,985/- per Are. In the present appeal, the appellants contend that the rate refixed by the Reference Court is inadequate and they claims refixation of land value at Rs.45,985/- per Are i.e. 6,000/- more than what is awarded by the Land Acquisition Officer. On this appeal coming up for admission, Smt.Rose Michael learned Government Pleader has taken notice as directed by us. We have heard Sri.Pratheesh.P. learned counsel for the appellants as well as the learned Government Pleader.
Our attention was drawn to the judgment of this court in L.A.A. No.327/2011. We find that under that judgment, this court refixed the value of land, for which the Land Acquisition Officer Awarded Rs.16,359.5 per Are, at Rs.27,450/- per Are. We find that the above judgment covers the same acquisition of land. But the land acquired in that case is inferior to the land under acquisition in the present appeal. According to us, relying on the above judgment ( L.A.A. No.327/2011) the present appeal can be allowed in full.
We allow this appeal and refix the value of land under Acquisition at Rs.45,985/- per Are i.e. Rs.6,000/- more than what is awarded by the Reference Court. The appellants will be entitled for all statutory benefits admissible u/s 23(2), 23 (1A) and Section 28 of the Act. However, while decree is drafted, the Section will have due regard to the conditions imposed by this court while condoning the delay in the matter of filing the appeal. This means that interest u/s 28 will not be allowed during the period of 1205 days by which the filing of the appeal was delayed.