IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 LA.App..No. 2468 of 2008(B) -------------------------- LAR.219/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, KOZHIKODE. BY ADDL.ADVOCATE GENERAL GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): CLAIMANTS --------------------------------- 1. N.PRABHAKARA KURUP, NHAVIL HOUSE, P.O.MANNUR. 2. N.RAJAKUMARA KURUP, NHAVIL HOUSE, P.O.MANNUR. 3. N.BHANUMATHI AMMA, NHAVIL HOUSE, P.O.MANNUR. 4. N.UDAYAKUMAR, NHAVIL HOUSE, P.O.MANNUR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 2468 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of October, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kozhikode in LAR 219/97. The Court below after consideration of the entire materials decided to enhance the compensation at the rate of Rs.15,000/- per cent for garden land and at the rate of Rs.12,000/- per cent for the wet land at the time of 4(1) Notification. A perusal of the award would reveal that the Court below had taken into consideration the judgment of this Court in LAA 1123/00. That has been dealt with in page 18 of the award. LAA 1123/00 was preferred against the award in LAR 287/97. The said properties were acquired from Kadalundi village in the year 1990 for the purpose of widening Feroke-Kadalundi road. The Court also found that the properties involved in the present case under reference were also acquired from the very same parties from the very same village under the very same L.A.A. 2468 OF 2008 -2- notification. Re-fixation of the land value made under LAR 287/97 was confirmed by this Court in LAA 1123/00 which is exhibited as Ext.A5 judgment. Over and above this the Commissioner's report was available and evidence was adduced and it was taking note of the entire situation, the Land Acquisition Court decided to enhance the amount. Therefore there is nothing to interfere with the considered order passed by the Subordinate Judge. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-