IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 LA.App..No. 158 of 2009() ------------------------- LAR.270/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR, LA, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ K.P.KANARAN, CHERUNNIVAYAL, VENGERI VILLAGE, KOZHIKODE TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.158 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. Records are available and we find that the Section 4(1) notification pertaining to Ext.A1 judgment was published on 19-09-1984 which is some eight years prior to the publication of the notification in this case. But then as rightly submitted by the learned Government Pleader, the court below has not relied on Ext.A1 since the property in Ext.A1 was situated in Kacheri village in a more important area. The court below has granted enhancement in this case by making guess work. Ordinarily we would have become inclined to interfere, but it is noticed that this court has in other cases pertaining to acquisition in Vengeri village for Calicut bye-pass where the land acquisition officer granted more or less the same rate as in the present case refixed the value of lands in that cases at Rs. 20,000/-, Rs. 22,000/- and Rs. 25,000/- etc. For all these reasons, we are of the view that the refixation of land value in Vengeri village in this case at LAA.No.158/09 2 Rs. 16,000/- per cent can be approved. The appeal accordingly will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.158/09 2