IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 LA.App..No. 613 of 2008() ------------------------- LAR.24/2004 of SUB COURT, KASARAGOD .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA (SPECIAL TAHSILDAR, LA RAILWAY, KASARAGOD) REP. BY THE DISTRICT COLLECTOR KASARAGOD. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- 1. KUNHAPPU, S/O.CHANDAN, THOTTIYIL HOUSE UDUMA POST, KASARAGOD, UDUMA VILLAGE. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. ADV. SMT.T.SUDHAMANI FOR R.1 SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.613 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to entertain this appeal any longer. The acquisition was of property in Uduma village pursuant to Section 4(1) notification published on 17/07/2003. The purpose was doubling of railway track from Thrikkaripur to Uppala. The land acquisition officer awarded land value at the rate of Rs. 3294/- per cent. The main item of evidence adduced by the claimants was Ext.A2 judgment. Ext.A2 was in respect of acquisition in 1997. Under Ext.A2, for properties in the same village land value had been refixed at Rs. 30,000/- per cent. What the court below has done is to rely on Ext.A2 and refixed the land value at Rs. 25,000/- per cent taking into consideration of the passage of time. We are of the view that the reliance placed on Ext.A2 and the fixation of land value in the present manner was proper. The court below awarded enhanced structure value of Rs. 1 lakh also. The above award is also supported by legal LAA.No.613/08 2 evidence which consisted of report of the Commissioner and valuation report submitted by the Engineer. The appeal accordingly will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.613/08 2