High CourtsDivision Bench(2010) 08 KL CK 0126

State of Kerala vs S. Mohanakumar and The Secretary, TRIDA

High Court Of Kerala · Decided on 16 August 2010

HON’BLE JUDGES
Pius C. Kuriakose, J · C.K. Abdul Rahim, J
CASE NUMBER
L.A. App. No. 357 of 2010 (D)

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Judgment

1 paragraphs · 184 words

Pius C. Kuriakose, J.—Even though several attractive grounds have been raised in this appeal and Smt. Latha T. Thankappan, learned Senior Govt. Pleader addressed arguments on the basis of all those grounds, it is only her argument regarding land value, that appeals to us. She is justified in submitting that the issue regarding land value is covered in favour of the Government by the judgment of this Court in LAA. No. 363 of 2009. Following that judgment, we allow the appeal to the extent of re-fixing the market value at Rs. 17 lakhs per Are. She is also justified in submitting that the court below has committed a mistake while awarding statutory interest u/s 28. We clarify that the respondent claimant will be entitled for statutory interest u/s 28 with effect only from the date of taking over possession (25-4-2007). We also clarify that though we are not interfering with the shifting charges awarded under the impugned judgment, the claimant will not be entitled for statutory benefits u/s 23(1A) and 23(2) of the L.A. Act in respect of what was awarded as shifting charges.