IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 LA.App..No. 7 of 2011() ----------------------- (LAR NO.188/2008 ON THE FILE OF THE SUB COURT, MUVATTUPUZHA) APPELLANT(S): CLAIMANTS 2 & 6 ----------------------------- 1. ALEYAMMA,W/O.PAILY ISSAC, PONNAL HOUSE, OORAMANA PO, MEMURI. 2. VIJI P.ISSAC, DO. DO. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S)/RESPONDENTS & CLAIMANTS 3,4,5,7 & 8: --------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR,ERNAKULAM-682 031. 2. THE EXECUTIVE ENGINEER, MVIP, DIVISION NO.111,MUVATTUPUZHA 686 661. 3. PAULOSE,S/O.ISSAC,PONNAL HOUSE, OORAMANA PO, MEMURI,PIN 686 730. 4. MANI.P.I,DO. DO. 5. SALI.P.I, DO. DO. 6. ANAMMA,W/O.VARGHESE,AMBAZHACHALIL, VARAPPETTY,KOTHAMANGALAM,PIN 686 691. 7. MINI.P.ISSAC,W/O.MANOJ, THORANIL HOUSE, KOOTHATTUKULAM,PIN 686 662. BY GOVT.PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 7 OF 2011 ------------------------ Dated this the 17th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. The appellants are claimants in a Reference under Section 28A(3) of the L.A. Act. It is not disputed that the appellants were paid enhanced compensation on the basis of Ext.A4 judgment which was the judgment relied on by the appellants in their application under Section 28A. The grievance of the appellants is that the court below did not award to the appellants enhancement based on Exts.A5 & A6 sale deeds which reflected higher value. According to us, a party who applies under Section 28A is not entitled for more land value than what was awarded to the party to the judgment relied on by him for his application under Section 28A. In that view of the mater, this appeal cannot be entertain. The appeal will stand dismissed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk