Ramachandran Nair, J.
L.A.A.No.396/2012 is from the judgment in L.A.R.No.6/2004. L.A.A.No.511/2011 is against the judgment in L.A.R.No.103/2002. The acquisition in this case is for the purpose of Government Homeopathic Medical College, Thiruvananthapuram. The notification under Section 4(1) was published on 13.10.1998. In L.A.R.No.6/2004, the land acquisition officer has fixed land value @ `17,907.50 per Are and the property was included in category B. The reference court enhanced the land value to `80,000/- per Are. In L.A.A.No.511/2011, the land value fixed by the Land Acquisition Officer is @ ` 29,985.49 per Are which was enhanced to `80,000/- per Are. In the Cross Objection 34/2013, the enhanced compensation is claimed at `2,20,000/- per Are.
2. We heard the learned Senior Government Pleader and the learned respective counsel for the parties concerned.
3. It is submitted at the Bar that in connected appeal L.A.A.No.2365/2008, which was disposed of by this Court by judgment dated 26.5.2010, the land value has been refixed at `2,10,000/- per Are corresponding to `85,000/- per cent. We have gone through the discussions contained in the judgment. Therein also, the notification under Section 4(1) was published on 15.10.1998. After considering the categorisation made by the land acquisition officer and the evidence adduced in the matter, this Court in paragraph 6 took the view that the property is situated within the area of Thiruvananthapuram city not very far away from the heart of the city. It is also observed that nearness of the property to Attukal temple, PRS hospital junction, shopping complexes and various other institutions cannot be disputed. In that view of the matter, this Court held that the market value can be fixed at `2,20,000/- per Are corresponding to `85,000/- per cent. This was refixed after noticing that the market value fixed by the reference court at `1,00,000/- per cent is on a higher side.
Since similarities of the acquired properties herein are evident with the parcels of land acquired in the said case, we are justified in adopting the value as refixed by this Court in L.A.A.No.2365/2008 and connected cases. Accordingly, L.A.A.No.396/2012 is dismissed and Cross Objection No.34/2013 is allowed. The claimant will be entitled for land value @ `2,10,000/- per Are apart from all other statutory benefits as granted by the court below. L.A.A No.511/2011 is also allowed and the appellant/claimant will be entitled for land value @ `2,10,000/- per Are. In C.M.A.No.1150/2011 in L.A.A.No.511/2011, while condoning the delay of 1297 days in filing the appeal, this court had made it on condition that the appellant will not be entitled for interest under Section 28 of the Land Acquisition Act, for the said period. We reiterate the same.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE