IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 LA.App..No. 1063 of 2007() -------------------------- LAR.47/2003 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT: RESPONDENT IN LAR -------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENTS: CLAIMANTS IN LAR ----------------------------- 1. YACOB, S/O KUNJAVARA, AREECKAL, CHERIYA VAPPALASSERY. 2. ANNAMMA, W/O YACOB, AREECKAL, CHERIYA VAPPALASSERY. BY ADV. SRI.ROSE MICHAEL THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- L.A.A.No.1063 of 2007 ------------------------------- Dated this the 8th February, 2008. J U D G M E N T This appeal is filed by the State challenging the decree and judgment passed in L.A.R.No.47/2003, on the file of the Additional Sub Court, North Paravur. Respondent's properties were acquired for a public purpose. The Land Acquisition Officer awarded an amount of Rs.36,956/= per Are. The learned Sub Judge granted an enhancement of Rs.25,869/= per Are. Challenging that decision, this appeal is filed. 2. L.A.R.No.47/2003 was tried jointly along with L.A.R.Nos. 69/02, 31/2002, 71/2002, 48.03, 52/03, 53/03, 54/03 and 55/2003. Some other property was also acquired and in one of that case, claimants filed an application for enhancement, which was also referred, and that was numbered as L.A.R.No.68/2002. In that case also, the learned Subordinate Judge has granted 70% of the amount awarded by the Land Acquisition Officer as additional compensation. Challenging that decree and judgment passed in that case, State has filed L.A.A.No.1223/2007, which was dismissed by this Court on 3.10.2007. In that case, as well as in this case, the learned LAA.No.1063/2007 2 Subordinate Judge relied on a decision rendered by it in L.A.RNo.159/2001. No appeal was filed against that judgment. So, there is no scope for interference in this appeal. Further, the enhancement awarded is also reasonable. 3. The learned Government Pleader pointed out that though the court below granted only 70% of the amount awarded by the Land Acquisition Officer, which would come to Rs.25,869/=, due to typographical error, an amount of Rs.29,955/= per Are has been shown as enhanced land value in the decreetal portion. The claim was considered in paragraph 41 of the judgment. In all these cases, the court below found that the Land Acquisition Officer has fixed the land value at the rate of Rs.29,935/= per Are and the Land Acquisition Officer had awarded land value ranging from 29,955/= to Rs.51,432/=, which will come to 70% of the amount already awarded. Thereafter, the court found that the claimants are entitled to get 70% of the enhancement in the land value, over and above the land value fixed by the Land Acquisition Officer. Since, the land value fixed in this case is Rs.36956/= per Are, 70% of that amount will come to Rs.25,869/=, and not Rs.29,955/=. So, the figure stated in the LAA.No.1063/2007 3 decreetal portion that the enhancement of land value is Rs.29,955/= per Are is a typographical error, and it has to be corrected as Rs.25,869/=. Hence, I do so. With the slight modification, the appeal is disposed of in the above terms. K.PADMANABHAN NAIR, JUDGE nj.