IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 LA.App..No. 96 of 2008(D) ------------------------- LAR.108/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1: ------------------------------ STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT AND RESPONDENT NO.2: -------------------------------------------- 1. M.S.NASEER, M.S.BUNGLAW, TC 20/2106 KARAMANA, THYCAUD VILLAGE THIRUVANANTHAPURAM 2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, (TRIDA), THIRUVANANTHAPURAM. ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 SRI.K.A.JALEEL, SC., TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 96 of 2008 ------------------------ Dated this the 12th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. It is fairly conceded by the learned Government Pleader that refixation of land value at the rates granted by the reference court in this case i.e. Rs.6,00,000/- Lakhs per Are and in other cases covered by the very same acquisition project i.e. acquisition for widening of road from Karamana to Killippalam Reach III pursuant to section 4 (1) notification dated 3/8/1998 has been approved by this court in other cases. We also notice that in another case wherein the awarding officer granted land value of Rs.1,56,831/- per Are, this court approved the re fixation by the reference court at Rs.6,00,000/- per Are. In the instant case, the land acquisition officer had awarded Rs.1,64,673/- per Are which indicates that the property which is subject matter of this case was slightly superior to the property in that case. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk