IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 LA.App..No. 1250 of 2007 ----------------------------- LAR.17/2004 of SUB COURT,NEYYATTINKARA .................... APPELLANT(S): RESPONDENT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS/RESPONDENT: -------------------------------------------------- T. CHELLAMMA, THEKKEMANIYALOOR VEEDU, VAZHUTHOOR, NEYYATTINKARA. ADV. SRI.L.RAJESH NARAYAN FOR R1 SMT.S.LETHIKA DEVI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1250 of 2007 ------------------------------------------------ Dated this the 28th day of October, 2009 JUDGMENT Pius C. Kuriakose, J We have by our judgment in L.A.A.649/02 approved fixation of land value at Rs.35,000/- per Are for properties in category-B in Neyyattinkara village. The acquisition in that case was pursuant to a notification of 1995. The present appeal pertains to acquisition of land in the same village pursuant to a 2002 notification. The property under acquisition was included in a still higher category and the Land Acquisition Officer awarded land value at the rate of Rs.25,283/- per Are. The Reference Court under the impugned judgment has re-fixed land value at L. A. A. No.1250 of 2007 -2- Rs.50,000/- per Are. 2. Having gone through the impugned judgment, we are of the view that the reliance placed on Ext.A1 by the Reference Court was justified. In fact Ext.A1 has been approved by this Court by judgment of this Court in L.A.A.649/02. Considering the rate granted under Ext.A1 for a property which is inferior, we are of the view that awarding Rs.50,000/- for the lands under acquisition in this case is quite proper. 3. The appeal is dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-