IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 LA.App..No. 2070 of 2008() -------------------------------------- LAR.485/1997 of PRINCIPAL SUB COURT, N.PARAVUR .................... APPELLANT/CLAIMANT ---------------------------------- 1. ANTHONY, S/O OUSEPH, PAREKKATTIL HOUSE, THURAVUR VILLAGE, ALUVA TALUK. 2. ANNAM, W/O ANTONY, -DO- -DO- 3. MARY, D/O ANTHONY, -DO- -DO- 4. JOSE, S/O ANTHONY, -DO- -DO- 5. THOMAS, S/O ANTHONY, -DO- -DO- 6. ELSY, D/O ANTHONY, -DO- -DO- BY ADV. SMT.ROSE MICHAEL RESPONDENT/RESPONDENT ------------------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. BY GOVT. PLEADER THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED T HE FOLLOWING: rs. HARUN-UL-RASHID, J. ------------------------ L.A.A.No.2070 Of 2008 ---------------------- Dated this the 6th day of October, 2010. J U D G M E N T The petition to condone the delay in filing the appeal is dismissed. Consequently, the appeal is also stands dismissed. 2. Learned counsel for the appellants submitted that the enhancement granted by the reference court is 135% over and above the rate of Rs.6,000/- per Are fixed by the Land Acquisition Officer. If 135% is calculated the appellants are entitled to Rs.8,100/- per Are. The reference court further held that the claimant is entitled to land value at the rate of Rs.8,100/- per Are. But the court instead of granting Rs.8,100/- per Are which is 135% over and above the value fixed by the Land Acquisition Officer, deducted the amount awarded by the Land Acquisition Officer at the rate of Rs.6,000/- per Are and held that the claimant is entitled to enhanced value of Rs.2,100/- per Are. Learned counsel for the appellants submitted that by a calculation mistake the learned judge instead of granting Rs.8,100/- per Are as land value granted only Rs.2,100/-. It is made clear that the claimants are entitled to approach the L.A.A.No.2070 Of 2008 ::2:: reference court by filing an application under Section 152 CPC for correction and in that event the reference court shall consider the grievance of the appellants. The appeal is dismissed, but with the above observation. HARUN-UL-RASHID, Judge. bkn/-