O T ASHOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) AS directed by us M/s Menon & Pai who are Standing Counsel for Kochi Refineries Ltd. (KRL), the 2nd respondent in this case have taken notice on behalf of the second respondent/ Requisitioning Authority. Even though time was sought on behalf of M/s Menon & Pai for hearing the appeal we are not inclined to grant time as we find that the issue is already covered by a judgment to which KRL is a party.

(2.) THE claimant is the appellant. THE property under acquisition was in Thiruvaniyoor village. THE acquisition was pursuant to Section 4(1) notification published on 04/11/2000. THE land was dry land. THE Land Acquisition Officer awarded land value at the rate of Rs.31,900/- per Are. THE Reference Court on evaluating the evidence would re-fix the land value at Rs.42,000/- per Are. THEre was a building on the property under acquisition for which the Land Acquisition Officer awarded a compensation of Rs.1,90,541/-. Though there was a claim for enhanced compensation for the building, the court below did not award any enhancement.

(3.) THE appeal is allowed to the above extent only. THE appellant will be entitled for all statutory benefits on the total re-fixed compensation. However, while calculating interest under Section 28 the conditions in our order dated 22/07/09 in C.M. Application No.1011/09 will rule. This will be taken note of by the Section while drafting the decree. It will also be ensured before issuing decree copy that the condition in that order regarding payment of cost has been complied with and that the full court fee payable on the appeal memorandum has been remitted.