IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 LA.App..No. 754 of 2005() ------------------------- LAR.102/1998 of SUB COURT, MAVELIKKARA .................... APPELLANT: -------------- THE SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, REGIONAL OFFICE, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004. BY ADV. MR. MATHEW GEORGE VADAKKEL RESPONDENTS/CLAIMANTS/2ND RESPONDENT:- ----------------------------------------------------- 1. YAMUNA DAS OF SURESH BHAVAN, PONAKAM MURI, THEKKEKARA, MAVELIKKARA. 2. GANGA BALACHANDRAN OF – DO - 3. SURESH KUMAR, OF - DO - 4. BINDU VINOD, OF – DO - 5. SUNIL KUMAR, OF - DO - 6. STATE OF KERALA, REPRESENTED BY THE ADDL. GOVERNMENT PLEADER, MAVELIKKARA. ADV. MR. THOMAS ABRAHAM FOR R1 TO 5 MR. R.PADMAKUMAR FOR R1 TO R5 MR. BENNY VARGHESE, GOVERNMENT PLEADER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. NO. 754/2005 : 2 : ORDER ON I.A. NO. 1925/2005 IN L.A.A. NO. 754/2005 DISMISSED 07.07.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR , J. ========================== L.A.A. No. 754 of 2005 ========================== Dated this the 7th day of July, 2009. JUDGMENT This appeal at the instance of the Food Corporation of India, namely, the requisitioning authority challenges the judgment dated 05.12.2003 in L.A.R. No. 102 of 1998 of the Sub Court, Mavelikkara. 2. An extent of 0.15 Ares of dry land comprised in Survey No. 13/20 of Thekkekkara village along with other parcels of land was compulsorily acquired by the State for the purpose of constructing a godown for Food Corporation of India. Notification under Section 4(1) of the Land Acquisition Act was published on 11.03.1995. The award was passed on 30.09.1997. The land was taken possession of on 24.11.1997. The Land Acquisition Officer had fixed the land value at Rs.17,000/- per Are. On a reference at the instance of the claimant, the court below enhanced the land value to Rs.50,000/- per Are, the rate of enhancement being Rs.33,000/- per Are. The court below relied on Ext.A1 judgment dated 27.02.2003 in L.A.R. No. 35 of L.A.A. No. 754/2005 : 2 : 1998 of that Court. In L.A.R. No. 35 of 1998, the adjacent lands were acquired for the same purpose as per subsequent notification published on 11.07.1995. 3. The appellant had challenged Ext.A1 award by filing L.A.A. No. 414 of 2004 before this Court. As per judgment dated 03.04.2009, a Division Bench of this Court dismissed the appeal upholding the enhancement granted by the court in that case. That apart, aggrieved by the award passed in the connected case namely L.A.R. No. 99 of 1998, the State had filed L.A.A. No. 477 of 2006 before this Court. The said appeal was dismissed on 10.06.2009 by this Court upholding the enhancement granted in the connected case. Such being the position, I see little scope for interference with the enhancement granted by the court below. This appeal is accordingly dismissed. Dated this the 7th day of July, 2009. V. RAMKUMAR, JUDGE. rv L.A.A. No. 754/2005 : 3 :