IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 LA.App..No. 268 of 2007() ------------------------- LAR.25/2002 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): APPELLANTS/RESPONDENTS ------------------------------------ THE STATE OF KERALA BY GOVERNMENT PLEADER BENOY VARGHESE RESPONDENT(S): RESPONDENT/CLAIMANT ---------------------------------- IBRAHIMKUTTY, S/O.ABDUL REHAMAN, VELUTHEDATH, ERUMATHALA P.O., KEEZHMAD. ADV. SRI.K.S.DILIP FOR R1 SRI.SAJU N.A. FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.No.268 OF 2007 ............................................. Dated this the 17th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, North Paravur in LAR.No.25/2002. An extent of 0.01 Ares of land comprised in Sy.No.9/66-113 of Alwaye West village was acquired for the purpose of widening the National Highway by a notification dated 27.7.2000. The Land Acquisition Officer fixed the land value at Rs.2,37,624/= per Are and it was referred to the Land Acquisition Court. The Land Acquisition Court on a consideration of the materials held that the claimant is entitled to get the enhanced land value at the rate of Rs.1,78,218/= per Are. In Ext.A1 relied on judgment, 75% of enhancement in land value was awarded. 2. It is fairly submitted by the learned Government Pleader that on a property acquired under the very same notification with similar nature, an award was passed at the same rate and an appeal was preferred before this Court as L.A.A.No.556/2007 and a Division Bench of this Court had : 2 : L.A.A.No.268 OF 2007 confirmed the land value fixed by the Land Acquisition Court. 3. Since the said property and the present property are similar and similarly situated and as the award passed in one of the cases has attained finality by dismissal of L.A.A.No.556/2007, it has to be held that the land value fixed by the Land Acquisition Court enhancing it by 75% does not suffer from any infirmity and it has to be only sustained. In the light of these discussions, the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.268 OF 2007