IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 LA.App..No. 983 of 2004() ------------------------- (L.A.R.NO.352/1996 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM) APPELLANT: RESPONDENT --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SMT.K.R.DEEPA RESPONDENTS: CLAIMANT --------------------- 1. S.SURESH BABU, RESIDING AT VEERATHU KUNNATHUVEEDU, VEERALAM, ATTINGAL DESOM, ATTINGAL P.O. 2. ADDL.2.ELECTRONICS TECHNOLOGY PARKS (KERALA) KARIAVATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/REGISTRAR. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No. 983 of 2004 & C.M.Appln.No.1803 of 2004 ----------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1803 of 2004: Heard. Delay condoned. 2. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.352/1996 on the file of the Sub Court, Thiruvananthapuram. The acquisition is for Techno Park. Though the claimant sought to place reliance on Ext.A1 document and Ext.A2 judgment in L.A.R.No.103/1994, it is seen that the reference court has not accepted both pieces of evidence as such. However, taking note of the importance of the locality and potential for development, the court found that a reasonable enhancement to the tune of 20% is necessary and will be proper. Accordingly the market value was fixed at 20% over and above the value fixed by the Land Acquisition Officer. We fully agree with the reference court in fixing the land value taking note of the importance of the locality and potential for development. Thus L.A.A.No. 983 of 2004 & C.M.Appln.No.1803 of 2004 -:2:- there is no merit in the appeal. Accordingly the appeal is dismissed. I.A.No.4272 of 2004 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No. 983 of 2004 & C.M.Appln.No.1803 of 2004 ---------------------------- JUDGMENT 21st January, 2008