IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 LA.App..No. 1117 of 2010(D) --------------------------- LAR.188/2005 of ADDL.SUB COURT, KOTTAYAM .................... APPELLANT/RESPONDENT IN LAR: ------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN RESPONDENTS/CLAIMANTS IN LAR: ------------------------------- 1. J.THOMAS, S/O.OUSEPH,KALARATHIL(H), KALATHOOR KARA,FROM KALARATHIL(H),CHERTHALA, KIZHAKKUM MURI, 2. ANIYAMMA THOMAS, W/O.THOMAS,KALARATHIL(H ),KALATHOOR KARA,FROM KALARATHIL(H),CHERTHALA, KIZHAKKUM MURI, ADV. MR.RAJEEV V.KURUP THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ L.A.A.No.1117 Of 2010 ---------------------- Dated this the 15th day of March, 2011. J U D G M E N T State of Kerala is the appellant. The appeal is directed against the judgment and decree in L.A.R.No.188/2005 on the file of the Sub Court, Kottayam. A small extent of 0.64 Ares of land owned by the claimants had been acquired for the construction of Ettumanoor Branch Canal of M.V.I.P. Section 4 (1) notification is dated 8.12.2003. The Land Acquisition Officer awarded land value at Rs.8,981/- per Are. The reference court enhanced and re-fixed the land value at Rs.15,268/-. Annexure 1 document was relied on by the claimant. The reference court held that the acquired land and the Annexure 1 land are not similarly situated. The reference court also enquired into the market value of the land. Taking into consideration the importance of the acquired property, its proximity to important public roads, public institutions etc., the reference court held that the land value fixed by the Land Acquisition Officer is grossly inadequate and not reasonable. Therefore, for the ends of justice the court held that the claimants are entitled to fare and ::2:: L.A.A.No.1117 Of 2010 reasonable enhancement. The reference court fixed the land value at Rs.15,268/- per are. 2. The learned Government Pleader raised various grounds in the appeal and contended that since the Annexure 1 judgment and the land under reference were acquired under different notifications, there is no justification for enhancing the land value. 3. It is true that the court found that the acquired property and Annexure 1 property were not similarly situated; at the same time held an enquiry regarding fare value of the land. The court after considering the fact I have stated above, re-fixed he compensation. In view of the fact that the extent acquired is a small piece of land, this Court finds that no valid grounds are made out for interfering with the award passed by the reference court. The appeal fails and accordingly, dismissed. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-