IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 LA.App..No. 1480 of 2008(D) --------------------------- LAR.14/2002 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ 1. STATE OF KERALA (SPECIAL TAHSILDAR, LA, PWD, SOUTHERN CIRCLE, THIRUVANANTHAPURAM) REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD LA, NH DIVISION, VAZHUTHACADU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ----------------------- 1. P.K.MADHU, S/O.LATE G.RAMACHANDRANPOTTY, THEVALOTH PUTHENMADOM, NALANCHIRA, THIRUVANANTHAPURAM. 2. S.PADMAVATHY, W/O.LATE G.RAMACHANDRAN POTTY, THEVALOTH PUTHENMADOM, NALANCHIRA, THIRUVANANTHAPURAM. ADV. SRI.J.HARIKUMAR FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A .No.1480 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal preferred by the government pertains to acquisition of land in Kudappanakkunnu village for the purpose of widening of MC road from Kesavadasapuram to Mannanthala. The relevant Section 4(1) notification was published on 15-07-99 and the land acquisition officer awarded land value at the rate of Rs. 140605/- per Are. Under the impugned judgment, the same was enhanced by the reference court on the basis of the evidence adduced by the claimants to Rs. 2,00,000/- per Are. Even though Sri.P.K.Babu, learned senior Government Pleader has addressed us very strenuously, having gone through the impugned judgment, we are of the view that the learned Subordinate Judge was justified on the evidence which came on record before him in granting the present enhancement. Having regard to the importance of the locality and the prevailing market value, the enhancement presently granted in our opinion is only moderate. The appeal will stand dismissed. PIUS.C.KURIAKOSE, JUDGE P.Q.BARKATH ALI, JUDGE sv. sv.