IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 LA.App..No. 347 of 2002() ------------------------- LAR.232/1988 of SUB COURT, CHERTHALA .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SMT P.N.SUMANGALA RESPONDENT(S): CLAIMANT ----------------------- ISAC GEORGE,VARAKATTU,CHERTHALA VADAKKUM MURI,CHERTHALA VILLAGE. ADDL.R2.THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. R3.THE EXECUTIVE ENGINEER ( C) C/O. DY. CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM. (ADDITIONAL RESPONDENTS 2 AND 3 IMPLEADED VIDE ORDER DATED 29/5/2003 IN I.A. NO.39/03) ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MURALEEDHARA KAIMAL, ADDL.CGSC FOR ADDL.R2 & 3 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 347 OF 2002 ------------------------ Dated this the 15th day of October, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal by the Government and C.O. No.25/2003 has been preferred by the party claimant. Presently, we are considering the appeal preferred by the Government only. The acquisition was of property in Cherthala South Village for the purpose of Railways. The relevant Section 4(1) notification was published on 1-4-1980. The Land Acquisition Officer awarded land value at the rate of Rs.3520.14/- per Are. The Reference Court on evaluating the evidence refixed the land value at Rs.7413/- per Are. 2. Having gone through the impugned judgment and having made good survey of the evidence on record, we are of the view that the enhancement granted by the Reference Court cannot be said to be excessive. At any rate, there is no warrant for interference at the Government Instance. The appeal preferred LAA.No.347/2002 2 by the Government is dismissed. Post the C.O. after two weeks. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk LAA.No.347/2002 3 PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No. 347 OF 2002 ------------------------ JUDGMENT 15th October, 2009