IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 LA.App..No. 935 of 2008() ------------------------- LAR.199/2006 of SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT: ---------------------- THE SPECIAL TAHSILDAR (LA) RAILWAYS, ERNAKULAM, COCHIN-16. BY GOVERNMENT PLEADER RESPONDENTS: CLAIMANTS/2ND RESPONDENT: -------------------------------------- 1. T.N. REMADEVI, D/O. BHARGAVIYAMMA, THEKKEDATH, THIRUVANKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 935 of 2008 ---------------------------------- Dated this the 30th day of May , 2008 JUDGMENT This appeal pertains to the acquisition of 0.30 Ares of land in Thiruvankulam Village for doubling of Railway track between Ernakulam and Mulanthuruthy. Notification under Section 4 (1) was issued on 18.12.2003 and the Awarding Officer granted land value at the rate of Rs.23,834/- per Are. The Reference Court relying on the judgment in LAR No.188/2006 which was another case pertaining to the very same acquisition and the vary same category of land re- fixed the land value as Rs. 34,272/-. 2. The learned Government Pleader fairly conceded that no appeal has been preferred by the Government against the judgment in L.A.R.188/2006. Moreover having gone through the judgment under appeal I find that the approach of the learned Sub Judge has been quite reasonable. The principles underlying Section 28A also have been kept in mind by the learned Subordinate Judge. The properties which were acquired in this case and the properties which was subject mater of L.A.A. 188/2006 were treated similarly by the Land L.A.A.No. 935/2008 2 acquisition Officer. It is only just that the value awarded for the party in L.A.A. No.188/2006 is awarded to the respondents also. The result is that this appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE dpk