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Judgment
G.Girish, J.
This appeal is filed by the claimant in L.A.R.No.420/2007 of the Additional Sub Court-II, Thiruvananthapuram, dissatisfied with the quantum of compensation awarded by the said court on 19.12.2009.
The acquisition was made for the widening of road from Museum to Thampanoor overbridge, and notification under Section 4(1) was published on 07.09.2004.
The Reference Court fixed the land value at Rs.9,88,000/- per Are and fixed the total eligible amount of compensation for the claimant at Rs.4,15,560/-.
The one and only challenge against the award passed by the Reference Court is that the land value was erroneously fixed by the Reference Court at Rs.9,88,000/- per Are ignoring the prominence of the locality from where the land was acquired.
Heard the learned counsel for the appellant and the learned Government Pleader for the respondents.
Learned counsel for the appellant would submit that the issue involved in this case is covered by two previous judgments of this Court, and hence the present appeal has to be disposed of in the same terms as that of the above appeals. The copies of the judgments of this Court in L.A.A.No.901/2014 and L.A.A.No.56/2021 are placed before me by the learned counsel for the appellant. It is seen from the above judgments that in respect of the same acquisition of land as that of the present case, the land value was refixed at Rs.21,38,390/- per Are, and the compensation was enhanced accordingly. The learned Government Pleader would submit that this case could also be disposed of upon the same terms as that of the aforesaid cases.
Having regard to the facts and circumstances of the case, and the submissions of the learned counsel for the appellant, and the learned Government Pleader, in the matter of fixing the land value in accordance with the earlier decisions of this Court, referred above, I deem it appropriate to fix the land value at Rs.21,38,390/- per Are and to decide the appeal accordingly.
In the result, the appeal stands allowed. The land value of the property acquired is refixed at Rs.21,38,390/- (Rupees twenty one lakhs thirty eight thousand three hundred and ninety only) per Are. The appellant will be entitled to all the statutory benefits arising out of the enhancement of the land value. Since the appeal is filed with a delay of 3660 days and the same was condoned as per order dated 27.08.2021 with the condition that the appellant would not be entitled for interest for the said period, it is hereby ordered that the appellant will not be entitled for interest for the above period of 3660 days in respect of the amount enhanced in this appeal.