Ramachandran Nair, J. This appeal is filed by the claimant before the reference court seeking enhancement of land value. She is the first claimant in L.A.R. No.302/2000 on the file of the Subordinate Judges Court, Kozhikode. An extent of 0.0040 hectares (0.988 cents) of land in R.S. NO.66/2012 and another extent of 0.0350 hectares (8.645 cents) of land in R.S. No.72/2010 in Nellicode Village in Kozhikode Taluk were acquired for the construction of bye-pass to the National Highway.
2. The notification under Section 4(1) of the Act was published on 28.5.1998. The Land Acquisition Officer awarded compensation at the rate of Rs.38,72,871/- per hectare. The reference court has refixed the land value at Rs.40,000/- per cent. In this appeal, the claimant is seeking enhancement at the rate of Rs.50,000/- per cent.
3. We heard learned counsel for the appellant and learned Senior Government Pleader for State and others.
4. Learned counsel for the appellant produced before us for perusal the judgment in L.A.A.No.959/2010 of this Court, in a connected case arising from the same notification. We find from the above judgment that this Court has refixed the land value at the rate of Rs.55,100/- per cent for garden land and for wet land the value was fixed at Rs.35,000/- was confirmed.
5. In the light of the fact that the properties have been acquired for the same purpose and also are in the same village, it will be safe to adopt the method adopted in the judgment in L.A.A. No.959/2010.
6. Accordingly, we allow the appeal and the claimant will be entitled for the land value at the rate of Rs.50,000/- per cent.
There was a delay of 1988 days in filing the appeal. In C.M.Appl. No.1078/2008 this Court passed a detailed order on 22.11.2012 stating that the claimant will not be entitled for interest under Section 28 of the Land Acquisition Act for a period of 1988 days if the compensation is enhanced. We are reiterating the same. Subject to the above direction, the claimant will be entitled for all the statutory benefits granted by the reference court.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/