IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 LA.App..No. 2159 of 2008(D) --------------------------- LAR.62/1999 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT : RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, L.A., PWD (SC),THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT/CLAIMANT ---------------------------------- SETHUKUMARI AMMA, 'SUPRABHA' HRISHI MANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM. ADV. SRI.J.HARIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q. BARKATH ALI, JJ. --------------------------------------------- L.A.A. 2159 of 2008 --------------------------------------------- Dated: MAY 26, 2009 JUDGMENT Pius C. Kuriakose, J. This appeal by the Government pertains to acquisition of land in Vanchiyoor village for the purpose of widening of road from Overbridge to Pazhavangadi within the limits of Thiruvananthapuram Corporation. The relevant sec.4(1) notification was published on 14.5.1997. The land acquisition officer awarded land value at Rs.5,47,289/- per Are. This was enhanced by the Reference Court on the basis of the evidence which consisted of Exts.A1 to A3, AW.1 and Exts.R1 to R4 to Rs.17,31,306/ per Are. 2. We have heard the submissions of Sri P.K.babu, learned Senior Government Pleader and Sri J. Harikumar, learned counsel for the respondent/claimant. 3. Our attention was drawn by Mr. Harikumar to the common judgment of this Court in LAA Nos.1333/2005 series and the learned counsel submitted that under that common judgment L.A.A. 2159 of 2008 2 which was rendered considering an appeal preferred by the State and an appeal preferred by the claimants, this Court has refixed the market value of the land at Rs.9 lakh per cent. The learned Government Pleader also conceded that enhancement at the rate granted under the impugned judgment i.e. Rs.17,31,306/- per Are has been approved by this Court. He also submitted that that Government has preferred SLP to the Supreme Court against the judgment of this Court dismissing the appeals preferred by the Government. Having considered the rival submissions and also the common judgment of this Court in LAA 1333/2005 series, we are of the view that there is no warrant for interfering with the impugned judgment and decree. This appeal will stand dismissed. However, it is made clear that this judgment shall not prejudice the interests of the Government in the SLP stated to have been preferred in the connected matters. PIUS C. KURIAKOSE, JUDGE P.Q. BARKATH ALI, JUDGE mt/-