IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 LA.App..No. 642 of 2007(A) ------------------------------ LAR.419/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT -------------------------------- THE SPECIAL TAHSILDAR (LA), O.E.C.F., KOZHIKODE. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENT(S): CLAIMANTS & RESPONDENT --------------------------------------------------- 1. K.C.BABU, BABY MEMORIAL HOSPITAL INDIRA GANDHI ROAD, KOZHIKODE. 2. DR.K.G.ALEXANDER, BABY MEMORIAL HOSPITAL, INDIRA GANDHI ROAD, KOZHIKODE. 3. THE PROJECT OFFICER, KERALA WATER AUTHORITY, (O.E.C.F), KOZHIKODE. ADV. SRI.C.P.MOHAMMED NIAS FOR R2 SRI.BABU VARGHESE, SC, KWA FOR R.3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.642 of 2007 ------------------------------------------------ Dated this the 23rd day of October, 2009 JUDGMENT Pius C. Kuriakose, J This is an appeal by the Government and the acquisition of land was in Vengeri village in Kozhikode taluk pursuant to section 4(1) notification published on 10/06/98. The purpose of acquisition was for O.E.C.F, Kozhikode. The Land Acquisition Officer awarded land value at the rate of Rs.3943/- per cent which was enhanced by the Reference Court under the impugned judgment to Rs.8,000/- per cent. Having gone through the impugned judgment, we are of the view that the enhancement presently granted cannot be said to be excessive. At any rate, L. A. A. No.642 of 2007 -2- there cannot be interference at the instance of the Government. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-