IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 LA.App..No. 1666 of 2008() -------------------------- LAR.387/2004 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENTS ------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- 1. ALEY JOSEPH, VADAKKEPOOVANILKUNNATHIL, ATHIRAMPUZHA. 2. THMAS JOSEPH, VADAKKEPOOVAMNILKUNNATHIL, ATHIRAMPUZHA5~ 3. GEORGE JOSEPH, VADAKKEPOOVAMNILKUNNATHIL ATHIRAMPUZHA. 4. ROY JOSEPH, VADAKKEPOOVAMNILKUMMATHIL ATHIRAMPUZHA ADDL. 5 LEELAMMA JOSEPH, W/O LATE JOSE, MANJOOVALLIL HOUSE, VALACHIRA KARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1666 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though Sri.Basant Balaji, learned senior Government Pleader would address us very strenuously on the various grounds raised in the memorandum of appeal, we are not inclined to set aside the impugned judgment under which 70% enhancement has been granted by the reference court over and above the compensation awarded by the awarding officer. The evidence before the reference court consisted of Exts.A1 to A7 and testimonies of AWs 1 to 3 on the side of the claimants. On the side of the appellant respondent, the same consisted of Exts.R1 to R3 and the oral testimony of RW1. It is seen that the learned Subordinate Judge relied on Ext.A3 judgment. Obviously, Ext.A3 has attained finality. Having gone through the judgment, we also feel that it is more or less the correct value of the acquired property at the time of the relevant section 4(1) notification which has been arrived at the learned LAA.No.1666/08 2 Subordinate Judge. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.1666/08 2