Ramachandran Nair, J. These two appeals arise from the judgment and decree in L.A.R. Nos.240/2000 and 237/2000 on the file of the Additional Sub Court, Thalassery.
2. The claimants have come up in appeals challenging the land value fixed by the reference court. Earlier, the land value was fixed at the rate of Rs.1,500/- per cent which was challenged by the State in L.A.A.Nos.1364/2005 and 1355/2005 respectively and this Court remanded the matter back to the trial court. After remand also, the amount has been fixed at Rs.1,500/- per cent.
3. In both these cases, the Land Acquisition Officer awarded land value at Rs.468/- per cent. The properties were acquired for the purpose of Kannur Airport. Learned counsel for the appellants submitted that in respect of similar matters under the same acquisition,wherein the land value has been fixed at Rs.468/- per cent by the Land Acquisition Officer, this LAA Nos.840/14 & 863/2014 -2-
Court adopted the value at Rs.2,500/- per cent in the appeals filed by the claimants.
4. We have perused the judgment in L.A.A. No.1121/2010 which shows that the market value of the land has been fixed at Rs.2,500/- per cent. Since, in this case also the land value has been fixed at Rs.468/- by the Land Acquisition Officer, it will be safe to adopt the market value fixed by this Court in L.A.A. No.1121/2010.
Accordingly, we allow the appeals and the appellants will be entitled for the land value at the rate of Rs.2,500/- per cent for the acquired properties. We further make it clear that the appellants will not be entitled for interest under Section 28 of the Act for the period covered by the delay in filing the appeal and they will be entitled for the statutory benefits which have been granted by the trial court, subject to above directions. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/