Ramachandran Nair, J.
This review petition is filed by the appellant raising a limited question. We heard the learned counsel for the review petitioner and the learned Government Pleader when the review petition came up for admission and on mutual consent, the review petition itself is taken up for hearing.
2. The point raised in the review petition is only one viz; as to the denial of 12% increase per annum on the market value for the period from 4.3.1999 to 13.4.2001 under Section 23 (1A) of the Act. It is submitted that for the above period, the land acquisition officer and the reference court have not granted the benefit. The learned counsel for the review petitioner produced for perusal the copy of the award. Therein in the operative portion under Serial No.6, `14,253.14 is granted stating it as increase of 12% of market value from 4.2.1999 to R.P.No.964/2014 2 3.3.1999 and from 14.4.2001 to 19.6.2002. It appears that the remaining period in between is one during which some other parties had filed cases before this Court challenging the land acquisition proceedings and there were interim orders in the matter. It is submitted that the review petitioner had not filed any case before this Court or has obtained any stay in the matter.
3. In that view of the matter, we allow the review petition and hold that the appellant will be entitled for increase by 12% of the market value for the above period namely from 04.03.1999 to 13.04.2001 for the award amount fixed by the land acquisition officer and the amount awarded by the reference court apart from the amount already awarded by this Court in the appeal. The operative portion of the judgment in the appeal and the decree will stand modified accordingly.
The review petition is allowed to that extent.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE