IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 LA.App..No. 477 of 2006(D) ------------------------ APPELLANT(S): RESPONDENT. ------------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SRI. BENNEY VARGHESE RESPONDENT(S): CLAIMANTS AND RESPONDENTS NO.2. ---------------------------------------------- 1. YAMUNADAS, SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVELIKKARA. 2. GANGA BALACHANDRAN, SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVELIKKARA. 3. SURESH KUMAR, (DIED) SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVELIKKARA. 4. BINDU VINOD, SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVLEIKKARA. 5. SAUNIL KUMAR, SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVELIKKARA. 6. FCI. ADDL. R7: SMT. SATHI, SURESH BHAVANAM, PONAKAM MURI, THEKKEKKARA, MAVELIKKARA (ADDL. R7 IMPLEADED AS LR OF THE DECEADED 3RD RESPONDENT VIDE ORDER DATED 3-9-2008 IN I.A. 4600 OF 2007) ADV. SRI.B.RENJITHKUMAR FOR R1,2,4 & 5 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * L.A.A. No. 477 of 2006 * * * * * * * * * * * * * * * * * * Dated: 10th day of June , 2009 JUDGMENT This is an appeal filed by the State challenging the common judgment dated 15 th December 2003 passed by the Sub Court, Mavelikkara in L.A.R. Nos. 99, 101 and 102 of 1998. This appeal is directed against the award passed in L.A.R. 99 of 1998. An extent of one Acre of dry land comprised in Sy. No. 13/19 of Thekkekara Village owned by respondents/claimants was compulsorily acquired by the State for the purpose of a go-down for the Food Corporation of India. Notification under Sec. 4 (1) of the Land Acquisition Act, 1898 was published on 11-3-1995. The land was taken possession on 24-11-1997. Award was passed on 30-09-1997. The Collector adopted the land value of Rs. 17,000/- per Are fixed by the Land Acquisition officer. On a reference at the instance of the claimants, the court below enhanced the land value to Rs. 50,000/- per Are which works out the enhancement to Rs. 33,000/- per Are. The Court below relied on Ext.A1 judgment dated 27-2-2003 passed by the same Court in L.A.R. 35 of 1998. In L.A.R. 35 of 1998 adjoining property situated to the south of the property herein was acquired for the same purpose soon after the notification issued under Sec. 4 (1) of the Act in this case. In L.A.R. No. 35 of 1998 L.A.A. No. 477 of 2006 -:2:- the Reference Court had fixed the land value at Rs. 50,000/- per Are. There is no dispute that the State had filed L.A.A. No. 414/2004 before this Court against the judgment in L.A.R. 35 of 1998 and as per judgment dated 3-4-2009 this Court had dismissed the said Appeal upholding the enhancement given by the court below. If so, the basis for the present award has been approved by this Court, I do not see any reason to interfere with the enhancement granted by the court below. This appeal, which is devoid of any merit, is accordingly dismissed. Dated this the 10th day of June, 2009. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.