IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 LA.App..No. 885 of 2010 (A) -------------------------------- LAR.94/2007 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA) NH, NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLOOR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS --------------------------------- 1. KUNJAN MARAKKAR, S/O.MAKKAR PAREETH, KUVATHUPARAMBIL, VALIYAVEETTIL, CHERANELLOOR. 2. BEEVI, W/O.KUNJAN MARAKKAR, KUVATHUPARAMBIL, VALIYAVEETTIL, CHERANELLOOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & M. L. JOSEPH FRANCIS, JJ. ------------------------------------------------ L. A. A. No.885 of 2010 ------------------------------------------------ Dated this the 30th day of July, 2010 JUDGMENT Pius C. Kuriakose, J Even though several attractive grounds have been raised in this appeal and Smt.Latha T. Thankappan, the Senior Government Pleader addressed strenuous arguments thereon, we are not inclined to entertain this appeal. The property was in Cheranelloor village. Acquisition was for the purpose of National Highway 17. The relevant Section 4(1) notification was published on 14/03/02. The Land Acquisition Officer awarded value at the rate of Rs.1,08,800/- per Are. The Reference Court on evaluating the evidence, re- L. A. A. No.885 of 2010 -2- fixed the value of land at the rate of Rs.1,77,294/- per Are, thus granting enhancement by 63% over what was awarded by the Land Acquisition Officer. 2. Having gone through the impugned judgment, we are of the view that it is more or less the correct market value of the property that has been arrived at by the learned Subordinate Judge at the relevant time. At any rate, the Government cannot have any legitimate grievance regarding the re-fixation done by the learned Subordinate Judge. The appeal is dismissed. PIUS C. KURIAKOSE JUDGE M. L. JOSEPH FRANCIS JUDGE kns/-