Ramachandran Nair,J.
This appeal is filed by the claimant in LAR No.91/01 on the files of the Addl.Sub Court, Kollam. The property was acquired for the purpose of National Highway bye-pass, Kollam. Notification under Sec.4(1) of the Land Acquisition Act was published on 20.12.95. An extent of 2.65 Ares included in Re-Survey No.220/10 of Thrikkadavur Village was acquired. The land value fixed by the Land Acquisition Officer at the rate of Rs. 10,893/- per Are, which has been enhanced to Rs.5961.45/- per Are (by giving 55% enhancement over and above the land value).
2. We heard the learned counsel for the appellant as well as the learned counsel for the respondents.
3. It is submitted by the learned counsel for the appellant that in respect of same acquisition, this Court has re-fixed the land value at the rate of Rs.65,000/- per Are, in cases where the Land Acquisition Officer awarded the land value at the rate of Rs.20,238/- per Are. The learned Government Pleader submitted that it was having more advantages than the acquired property herein.
L.A.A.No. 1748 of 2008
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4. We find from the judgments in LAA No. 722/2012 & LAA No.723/2012 that this Court by judgment dated 29.09.2014, re-fixed the land value at Rs.65,000/- per Are in LAA No.722/2012 and Rs.64,000/- per Are in LAA No.723/2012. In the light of the fact that the property was acquired for the same purpose, we are of the view that same percentage of increase can be adopted herein also. Going by the same, the land value eligible to be granted to the appellant is Rs.35,067/-per Are and we round off the same to Rs.35,000/- per Are for the acquired properties. The appeal is allowed to that extent.
This Court while condoning the delay in filing M.J.C by order in C.M.Appl.No.134/2014 has directed that the appellant will not be entitled to the interest for a period from 05.02.2013 to 06.02.2014. We reiterate the same. The appellant will be entitled for all other statutory benefits except for the period mentioned above.
Appeal is allowed accordingly.
T.R.RAMACHANDRAN NAIR Judge.
lsn P.V.ASHA, Judge.