IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 LA.App..No. 292 of 2009(C) ------------------------------- LAR.52/2006 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT(S)/RESPONDENT: -------------------------------- THE STATE OF KERALA BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANT & 2ND RESPONDENT: ------------------------------------------------------- 1. A.RADHAKRISHNAN KARTHA, S/O.GOPALA PANICKER, KESAVAMANDIRAM, IMURI KARA, PERUMBAVOOR VILLAGE. 2. THE CHIEF ENGINEER, KSTP PROJECT THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.292 of 2009 ------------------------------------------------ Dated this the 2nd day of November, 2009 JUDGMENT Pius C. Kuriakose, J We do not find any reason for interfering with the impugned judgment. The acquired property was in Perumbavoor i.e. within the area of Perumbavoor municipal town. The Land Acquisition Officer awarded land value at the rate of Rs.4,78,992/- per Are. The learned Subordinate Judge relied on Ext.A18 judgment in L.A.R.149/05 for enhancing the same to Rs.24,70,000/- per Are. Having gone through the impugned judgment, we are of the opinion that the reliance placed on Ext.A18 was justified. We notice that we have by our L. A. A. No.292 of 2009 -2- own judgment in L.A.A.1280/07 approved Ext.A18. Thus, there is no warrant for interfering with the enhancement in land value granted by the learned Subordinate Judge. We also notice that the learned Subordinate Judge increased the building value by 20%. This was done after relying on a Government order. According to us, the reliance placed on the Government order was justified. After all, enhancement granted over and above what is admissible under the Government order, is only 20%. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-