Sreedharan and Indira vs State of Kerala and The Managing Director

K.M. Joseph, J.—The land of the appellants was acquired. On a reference u/s 18 of the Land Acquisition Act the appellants have been granted enhancement. The only complaint of the appellants in this appeal is that the appellants have not been granted statutory benefit of 12% increase per annum on the market value of the property acquired for the period 4.3.1999 to 9.5.2002, that is, the benefit u/s 23(1A) of the Land Acquisition Act has been declined to them. Apparently, the reason for not granting the benefit is that there were certain writ petitions filed and dispossession was stayed by this Court. It is the common case that the issue at hand is covered by a judgment of this Court in L.A.A. No. 1337/2008. We have gone through the said judgment. Since there is no dispute between the parties that the appellants are entitled to the said benefit for the reason that the appellants were not parties to the writ petition we are inclined to allow the appeal. Accordingly, the appeal is allowed. We order that the appellants will be entitled to Rs. 1,60,175/ - being the amount payable u/s 23(1A) of the Land Acquisition Act for the period 4.3.1999 to 9.5.2002. The appellants will also be entitled to interest u/s 28 of the Land Acquisition Act for the said amount at the rate of 9% for the first year and 15% per annum thereafter till the date of payment.