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Judgment
Pius C. Kuriakose, J.—Heard Mr. Gopakumar R. Thaliyal learned Counsel for the appellant and Smt. Latha T. Thankappan, learned senior Government Pleader for the respondents.
The case pertains to acquisition of land in Pettah Village for the purpose of construction of New International Passenger Terminal at Chackai, Thiruvananthapuram. The Land Acquisition Officer awarded land value at the rate of Rs. 74,105/- per Are. The Reference Court under the impugned judgment refixed the value at Rs. 1,00,000/- per cent. We notice various judgments of this Court pertaining to acquisition of land in the same village for the same purpose pursuant to the same notification. It is noticed enhancement by 90% over what was awarded by the Land Acquisition Officer has been generally approved in those cases. Keeping in mind that aspect, we allow the appeal to the extent of refixing the value of the land under acquisition at Rs. 1,41,000/- per Are.
The appeal is allowed as above. The appellant will be entitled for all statutory benefits admissible u/s 23(2), 23(1A) and Section 28 of the Act on the total enhanced compensation to which he becomes eligible by virtue of this judgment. The parties are directed to suffer their costs.
While drafting the decree, the Registry will have due regard to the order passed by this Court in C.M. Appln. 766/2010.
28.05.2010
ORDER
This application seeking condonation of the delay of 1313 days is very stiffly opposed by the learned senior Government Pleader. However, on the consideration that causes should be allowed to be adjudicated as far as possible on their merits rather than decided on technicalities, we are inclined to condone the delay imposing conditions.
This application will stand allowed subject to the following conditions:
i). The appellant shall pay a sum of Rs. 3500/- (Rupees Three Thousand Five Hundred only) as cost to the Government through the office of the Advocate General within two weeks from today and produce receipt before this court.
ii). The appellant shall pay a further amount of Rs. 2,500/- (Rupees Two Thousand Five Hundred only) to the High Court Legal Services Committee within the same time limit and produce receipt before this court.
iii). In the event of the appeal being allowed and the appellant becoming eligible for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible u/s 28 of the Act during the period of 1313 days condoned by this order.
Annex a copy of this order to the judgment to be passed in the appeal.
Upon noticing receipt against the payment of amounts as directed above, the Registry will number the appeal and send up the same for admission.