IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 LA.App..No. 637 of 2007(D) -------------------------- LAR.27/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REP. BY SPECIAL TAHSILDAR(LA)RAILWAYS, ERNAKULAM. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN RESPONDENTS: CLAIMANTS ---------------------- 1. K.V.KURIAKOSE, S/O VARGHESE, KANJIRATHINKAL, HILL PALACE ROAD, TRIPUNITHURA. 2. DEPUTY CHIEF ENGINEER(CONSTRUCTIONS) SOUTHERN RAILWAYS, ERNAKULAM. BY ADV. SMT.SANTHAMMA ISSAC SRI.N.C.THOMAS SRI.CHERIAN THOMAS SMT.ANU THANKAM MATHEW SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.637 of 2007 ----------------------------------------- Dated this the 22nd day of January, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.785/2007: Heard. Delay condoned. This is an appeal filed against the judgment and decree in L.A.R.No.27/2005 on the file of the Sub Court, Ernakulam. The acquisition is for the purpose of doubling the railway line. It is brought to our notice that the compensation amount has already been deposited and the claimants had withdrawn the same. That apart, it is seen that the enhancement is only from Rs.72,000/- to Rs.1,09,440/- per Are; around 60%. In several cases this court has sustained the enhancement at 60%. Therefore, there is no merit in the appeal. It is accordingly dismissed. I.A.No.1769/2007 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.637 of 2007 ---------------------------- JUDGMENT 22nd January, 2008