P G KEETHA Vs. SPL TAHSILDAR

JUDGEMENT

(1.) THIS appeal pertains to acquisition of land in Chevayur village for the purpose of construction of Kozhikode bye- pass. The acquisition was pursuant to Section 4(1) notification published on 09/12/93. The Land Acquisition Officer awarded land value for dry lands and wet lands involved in the acquisition separately. The Reference Court on considering the evidence adduced by parties, re-fixed the land value respectively at the rate of Rs.35,000/- for garden lands and Rs.15,000/- for wet lands per cent. Our attention is drawn by Smt.Resmi Damodaran T., the learned counsel for the appellant to the judgment of this Court in LAA.34/10 to which one among us [PCK(J)] is party. The learned Government Pleader Smt.T.T.Josephina does not dispute that the above judgment has attained finality. Smt.Resmi submitted that in the present appeal the appellant/claimant wants only what is allowed to the appellants under the judgment in LAA.34/10. On perusing the records including the copy of the judgment in LAA.34/10, we are convinced that the submission of Smt.Resmi is correct. Under the above circumstances, we do not find any reason why the appeal should not be allowed in full. The appeal is allowed as prayed for. The value of garden land is re-fixed at Rs.57,500/- per cent and the value of wet land is re-fixed at Rs.35,000/- per cent. The appellant will be entitled for all statutory benefits. While calculating the interest under Section 28, the period of 464 days which was condoned as per order in the delay petition will be excluded from the reckoning. Section will take note of the order in the delay petition while preparing the decree. The appeal is allowed. However, parties are directed to suffer their respective costs.