Asha, J.
The only ground raised in this appeal, which is filed against the judgment in L A R No. 215/2003 on the file of the first Additional Sub Court, Thiruvananthapauram is that additional increase on enhanced land value was not granted for the entire period from the date of notification under Section 4 (1) till date of passing of the award. The notification under section 4 (1) was issued in the case for acquiring appellant’s property on 4.2 1999 . The award was passed by the Land Acquisition Officer on 19. 6. 2002 and the property was taken possession on 13. 08. 2002. While declaring that the appellant is entitled for enhancement of Rs. 83,371/-along with additional increase, the court below restricted the same as follows:
“In the result, the references is answered in favour of and claimant, finding that she is entitled for enhancement of Rs. 83, 371 with 12% additional increase from 04. 02 1999 to 03. 03 1999 and from 1404 2001 to 1906 2002 along with 30% solatium on enhanced value. She is also entitled for interest @ 9% per annum from 13. 08. 2002 for one year and thereafter@15% per annum on the aggregated amount including solatium, till the date of deposit of that amount into the court and proportionate costs from the respondent State “
2. We find that the appellant is entitled to additional increase on enhanced land value for the entire period from the date of notification till the date of award in accordance with Section 23(IA) of the Land Acquisition Act and there was no justification in restricting the same for the period as mentioned above, as there was no stay or injunction by the order of any court in respect of the acquisition of appellant’s property.
3. Therefore we modify the judgment of the court below , declaring that the appellant will be entitled for the enhancement of Rs. 83, 371/- along with 12% additional increase from 04. 02. 1999 to 19.
06. 2002 in accordance with Section 23(IA) of the Land Acquisition Act along with 30% solatium on enhanced value She will also be entitled to interest under section 28 of the Land Acquisition Act, at the rate of 9% per annum from 13.08 2002 for one year and thereafter at the rate of 15% per annum on the aggregated amount including solatium till the date of deposit of that amount in the court along with proportionate costs from the respondent State.
The appeal is allowed accordingly to the above extent .
Sd/-
T.R.RAMACHANDRAN NAIR, JUDGE Sd/-
sv. P.V.ASHA, JUDGE The operative portion of the judgment dated 9.10.2014 in L.A.A.No.229/2009 is modified as follows, vide order dated 15.12.2014 in R.P.No.964/2014 in L.A.A.No.229/2009:
“ The appellant will be entitled for increase by 12% of the market value for the period 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.”
Sd/- Registrar ( Judicial)