IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 LA.App..No. 512 of 2010() ------------------------- LAR.153/2007 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- ANTONY, AGED 60 YEARS, S/O.RAPHEL, THADALIPARAMBIL HOUSE, MUNAMBAM, PALLIPORT P.O., KUZHUPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI - 682 030. BY GOVT.PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 512 OF 2010 ------------------------ Dated this the 23rd day of June, 2010 JUDGMENT Pius C.Kuriakose, J. Even though Smt.Sudha Babu, learned counsel for the appellant addressed very strenuous and persuasive arguments based on the various grounds raised, we do not find any way to grant relief to the appellant. The claim in the appeal is confined to the appellant's claim for enhancement of compensation towards the building which existed on the property under acquisition. The appellant had not sought for a reference under Section 18. Finally, he applied under Section 28A, which resulted in the subject reference under Section 28A(3). Even though the appellant took out a commission and got report by an expert engineer regarding the value of the building, the learned Subordinate Judge did not rely on the report of the commissioner and the engineer stating that in a reference under Section 28A (3), the court need be concerned only with the redetermination of market value of land based on the court judgment relied on. We are in agreement with the learned Subordinate Judge who LAA.No.512/2010 2 found that in a reference under Section 28A(3), the court need be concerned only with the market value of land and not with correct value of building which existed on the land. We do not find any warrant for interference with the impugned judgment. The appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk