IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 LA.App..No. 205 of 2010() ------------------------- LAR.58/2003 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE EXECUTIVE ENGINEER, TRANSMISSION CONSTRUCTION DIVISION, KSEB, MALAPPURAM. BY GOVERNMENT PLEADER SRI. C.R. SHYAMKUMAR BY SRI.C.K.KARUNAKARAN,SC,KSEB RESPONDENT(S): CLAIMANT ----------------------- VALAPARAMBAN JAMEELA, D/O.KUTTIRAYAN, EDAVANNA AMSOM DESOM, ERNAD TALUK, (NOW RESIDING AT 4/112, OPPOSITE CSI CHURCH, UPPER GUDALLOOR, NILGIRIS.). THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... L.A.A.NO.205 OF 2010 ................................................................... Dated this the 2nd day of December, 2011. JUDGMENT Pius C. Kuriakose, J. This appeal is by the Government and it pertains to acquisition of land in Manjeri village for the purpose of 33 K.V. Sub Station at Edavanna pursuant to Section 4 (1) notification published on 30th October, 2000. The L.A. Officer awarded land value at the rate of Rs.3,500/- per cent. The reference court on the basis of the evidence which was adduced by the parties - particularly Ext.A7 and the Commissioner's report would refix the land value at Rs.9,500/- per cent. Even though several grounds have been raised urging that the rate of Rs.9,500/= per cent fixed under the impugned award is excessive and Senior Government Pleader - Sri. C.R. Shyam Kumar addressed rival submissions based on those grounds. We are of the view that the rate presently fixed cannot be described as excessive. We have gone though the impugned judgment in detail. According to us, the finding entered by the learned Subordinate Judge regarding market value is partly based on Ext.A7. At any rate, the impugned award cannot be L.A.A.NO.205 OF 2010 : 2 : interfered with at the instance of the Government or the requisitioning authority. We dismiss the appeal without prejudice to the grounds raised by the claimants in LAA.No.567/2009. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl