IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 LA.App..No. 526 of 2008() ---------------------------------- LAR.155/2005 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, L.A.NO.II, ALUVA. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENT(S): CLAIMANT: ------------------------ ANGAMALY LONAPPAN JOHNY, OLIPURATH, ANGAMALY KARA. R1 BY ADV. MR.BIJU ABRAHAM THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A No. 526 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 JUDGMENT Pius C. Kuriakose We are not inclined to entertain this appeal which pertains to acquisition of land in Angamaly village for the purpose of widening of the M C Road between Angamaly- Muvattupuzha. The relevant section 4(1) notification was published on 9.6.2003. The Land Acquisition Officer fixed the land value at the rate of Rs.1,47,710/-. The learned Sub Judge relied on Exhibit A1, executed 4 year earlier and re- fixed the land value at the rate of Rs. 4,50,000/-. We are convinced that the learned Sub Judge was perfectly justified in doing so. It is seen that the learned Sub Judge enhanced the structure value as per the Advocate Commissioner's report. We notice that no objection was filed to the report of the Commissioner who was assisted by an expert Engineer. No counter evidence was also adduced. We do not find any warrant for interference in the appeal. L.A.A No. 526 OF 2008 . : 2 : 2. It is submitted by Sri. Basanth Balaji that the court below committed a mistake in awarding interest under section 28 of the Land Acquisition Act on the enhanced compensation while mentioning the relevant dates. Even as we dismiss the appeal, we make it clear that it will be open to the Government to move the learned Sub Judge under section 152 and 153 of C.P.C for correction of mistake in the judgment. ( PIUS C. KURIAKOSE, JUDGE) (K. SURENDRA MOHAN, JUDGE) jma