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    Balachandran And Another /claimants v. State Of Kerala Rep. By The District Collector And Another

    T.R. Ravi, J.:— L.A.A. Nos. 216 of 2018, 178 of 2019, 256 of 2019, 58 of 2020, 59 of 2020 and Cross Objection No. 4 of 2019 relate to acquisition of land comprised in different survey numbers in Attipra Village in Thiruvananthapuram Taluk, acquired for the purpose of widening of Ulloor-Aaakulam-Kuzhivila Road, based on notification dated 12.12.2007. L.A.A. Nos. 184 of 2019, 21 of 2020, 23 of 2020, and 61 of 2020 relate to acquisition of lands in different survey numbers in Cheruvaickal Village in Thiruvananthapuram Taluk, acquired for the purpose of widening of Ulloor-Aaakulam-Kuzhivila Road, based on notification dated 12.12.2007.

    2. In all the above appeals, except L.A.A. No. 216 of 2018, the Land Acquisition Officer fixed the value of land as Rs. 2,26,792/- per Are. In L.A.A. No. 216 of 2018, the Land Acquisition Officer has fixed the land value as Rs. 2,20,668/- per Are. In all the above appeals, except in L.A.A. No. 216 of 2018, the reference court fixed the land value as Rs. 24,17,100/- per Are. In L.A.A. No. 216 of 2018, the reference court fixed the land value as Rs. 24,17,000/- per Are. L.A.A. Nos. 178 of 2019 and 184 of 2019 and Cross Objection No. 4 of 2019 have been filed by the State challenging the land value fixed by the reference court. In all other cases, the claimants have filed the appeal, claiming enhanced compensation.

    3. It is brought to our notice that with respect to similar properties situated in the same villages, acquired for the very same purpose and under the very same notification, this Court in L.A.A. Nos. 304 of 2018 and 302 of 2018 has re-fixed the land value at Rs. 30,18,413/- per Are. We are of the opinion that the land value in the present cases can also be re-fixed at the same rate.

    4. L.A.A. Nos. 216 of 2018, 256 of 2019, 21, 23, 58, 59 and 61 of 2020 are all allowed and the appellants therein will be entitled to get compensation re-fixed by enhancing the land value to Rs. 30,18,413/- per Are. L.A.A. Nos. 178 of 2019, 184 of 2019 and Cross Objection 4 of 2019 are dismissed. The appellants in the appeals which have been allowed will also be entitled to get all the statutory benefits on the enhanced compensation. L.A.A. Nos. 216 of 2018, 256 of 2019, 21, 23, 58, 59 and 61 of 2020 were filed with delay of 987 days, 1634 days, 1818 days, 1818 days, 2289 days, 1522 days and 1675 days respectively. The delay in filing the appeals was condoned by this Court on condition that the appellants will not be entitled to interest that would accrue during the said periods of delay, if the compensation granted by the Reference Court is enhanced by this Court in the appeals. The amounts that the appellants will be entitled on the basis of the enhancement granted in these appeals shall be calculated excluding the interest portion referred above. The parties shall bear their respective costs.

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    Balachandran And Another /claimants v. State Of Kerala Rep. By The District Collector And Another
    (Sep 28, 2020)