IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 LA.App..No. 1552 of 2005() -------------------------- LAR.144/1995 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT: ------------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR RESPONDENT/ CLAIMANT: ----------------------------- SULAKHA BEEVI, PARAMUTTATHU, ARASU PARAMBU, NEDUMANGAD. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ ============================ L.A.A.No.1552 of 2005 ============================== Dated this the 30th day of January, 2008 JUDGMENT KURIAN JOSEPH,J Appeal is filed by the State aggrieved by the fixation of the land value in L.A.R.No.144/95 on the file of the II Additional Sub Court, Thiruvananthapuram. Acquisition is for the purpose of construction of Office Cum Quarters Complex for V.I.P. The Land Acquisition Officer fixed land value at Rs.19,523/- and the reference court fixed it at Rs.49,325/-. The fixation is on the basis of value per are. It is seen from Exts.A2 and A6, acquisition for the very same purpose during 1986 that the Land Acquisition Officer had fixed the land value at Rs.5,937/- per are and the reference court re-fixed the land value at Rs.15,000/-. As far as Ext.A2 and Ext.A6 are concerned, the reference court has already enhanced the land value from Rs. 5,937/- to Rs.15,000/-. Thus, the average enhancement over and above the land value fixed by the reference court is around 160%. Applying the same principle of granting and enhancement of L.A.A.No.1552/2005 2 160% over and above land value fixed by the Land Acquisition Officer, it cannot be said that fixation made by the reference court is in any way excessive. It is also to be noted that after the initial acquisition for the V.I.P. Quarters, the potential of the land value at the place has also obviously increased. Thus, there is no merit in the appeal, and, it is dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID,JUDGE dvs