IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 LA.App..No. 1566 of 2008() -------------------------- LAR.55/2002 of SUB COURT, MANJERI .................... APPELLANT/RESPONDENT ----------- DISTRICT COLLECTOR, MALAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT/CLAIMANT ------------- M.C.JOSE, S/O.CHACKO, VELLANCHERI PARAMBA, ARUKIZHAYA, MANJERI. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1566 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 JUDGMENT This appeal by the Government pertains to acquisition of 0.91 Ares of land in Manjeri village for the formation of Manjeri Bye-pass road IV reach pursuant to a notification under section 4(1) dated 09-09-1997. The land acquisition officer awarded land value at the rate of Rs. 10515/- per Are. The reference court enhanced the land value at the rate of Rs. 24,711/- per Are. The evidence before the reference court consisted of Exts.A1 to A3 and oral testimony of AW1 on the side of the claimant-respondent. On the side of the appellant Government it consisted of the oral testimony of RW1 and certified copy of basis document-Ext.R1 apart from X1 Commissioner's report. Learned Subordinate Judge did not rely on Exts.A1 and A2, but reliance was placed on Ext.A3 which was a judgment in L.A.R.No.54/2001. L.A.R.No.54/01 pertained to acquisition for the very same purpose and covered by the very same section 4(1) notification. The properties in Ext.A3 was found on the basis of LAA.No.1566/08 2 Ext.X1 report to be lying near to the acquired properties in this case. In my opinion, the reliance placed on Ext.A3 was justified. Registry reports that Ext.A3 has attained finality in the sense that no appeal has been preferred against Ext.A3. In view of the finality attained by Ext.A3, this appeal will stand dismissed inlimine. PIUS.C.KURIAKOSE JUDGE sv. LAA.No.1566/08 2