HARUN-UL-RASHID, J. Government Pleader takes notice for respondent No.1.
Standing Counsel takes notice for respondent No.2
2. The claimant is the appellant. The appeal is directed against the judgment and decree in L.A.R.No.90 of 2009 on the file of the Sub Court, Ernakulam. The extent of property acquired is 0.41 Ares (1.013 cents) of land, comprised in Sy.No.478/2 of Ernakulam Village with structures and improvements owned by the claimant. The acquisition was for constructing Railway Over Bridge at Pullepady. Notification under Section 4(1) and 17(4) of the Land Acquisition Act was published on 08/04/2003. The acquired land comes under Category No.C. The Land Acquisition Officer fixed the land value at ₹3,02,897/- per Are and the Reference Court granted enhancement and re-fixed the land value at ₹5,30,069/-. The claimant is aggrieved by the quantum of compensation awarded. The parties are hereinafter referred to as arrayed in the Claim Petition.
3. The learned counsel for the appellant submits that several items of properties were also acquired under the very same notification for the very same purpose. In the connected case (L.A.R.No.101 of 2009) the decree and judgment were challenged in L.A.A.No.393 of 2011, this Court set aside the decree and judgment and directed the court below to consider and dispose of the case afresh. The sale deed No.5332 of 1995 is marked as Ext.A3 in that case. This Court directed the court below to consider Ext.A3 sale deed No.5332 of 1995 as well, which relates to the value of the land just 200 metres away from the acquired property. The only difference is that the said property is Category No.B property. Another connected matter, namely, L.A.R.No.91 of 2009 on the file of the 3rd Additional Sub Court, Ernakulam, was also remanded by this Court by judgment dated 11/9/2012 in L.A.A.No.313 of 2012.
4. In the result, this Appeal is allowed and judgment and decree under appeal is set aside. The case is remanded to the court below for fresh consideration. The court below shall afford opportunity to both sides to adduce further evidence, if so advised.
5. Apart from land value, the claimant claims compensation for injurious affection, enhanced land value for building and shifting charges etc.
6. The court below shall dispose of the matter as early as possible, at any rate, within a period of six months from the date of appearance. The parties shall appear before the court below on 02/07/2014. The claimant is entitled to the refund of full court fee.
The appeal was filed belatedly with a petition to condone the delay of 676 days. This Court by order dated 12th June, 2013 condoned the delay subject to the condition that, ultimately, if this Court awards enhanced land value, the appellant will not be entitled to interest on that land value for the period of 676 days. It is made clear that, in case Reference Court grants enhanced compensation, the claimant will not be entitled to interest for the period of 676 days.
Sd/-
HARUN-UL-RASHID, JUDGE skj Sd/-
ANIL K.NARENDRAN, JUDGE True copy P.A to Judge