IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No. 1061 of 2007() ------------------------------ LAR.459/1994 of SUB COURT, MAVELIKKARA ................................................................ APPELLANT(S): RESPONDENT --------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER RESPONDENT(S): CLAIMANT ------------------------------- M.GOPALAKRISHNAN, SOORANADU VEEDU, THULAMPARAMPU, NADUVATHUM MURI, HARIPAD. ADV. SRI.R.RAJASEKHARAN PILLAI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ------------------------------------- L.A. APP. NO. 1061 OF 2007 ------------------------------------- DATED THIS THE 4TH DAY OF NOVEMBER, 2009 JUDGMENT This is an appeal preferred against the award of the Land Acquisition Court, Mavelikkara in L.A.R.459/1994. An extent of 1.32 Ares of land comprised in Survey No.359/16 was acquired by the Government. The Land Acquisition Officer fixed the land value at the rate of Rs.9,606/- per Are, which on reference has been enhanced by the Court to Rs.28,899/- per Are. Aggrieved by that decision, the Government have come up in appeal. 2. I have perused the well considered judgment of the learned Subordinate Judge. The learned Subordinate Judge had relied upon an earlier judgment, Ext.A1 in L.A.R 400/91. It has to be stated that the said case does not relate to the acquisition of property under the very same acquisition. A reading of the award would reveal that the allegation is that the acquired land is situated in a very important area, which is close to the existing national highway and near the Harippad town with several institutions. The entire matter has been dealt with elaborately in L.A.APP.NO.1061/2007 2 the award itself. The case involving the property under Ext.A1 was decided by the Court on 31.08.1995. It was an acquisition of the year 1987 and even on that date, the Court enhanced the land value to Rs.28,899/- and it has become final as no appeal is preferred against the same. The acquired land is also by the side of the Harippad Viyapuram road and the acquired land is on the west of the adjoining road. The discussion in Ext.A1 judgment as pointed out by the Land Acquisition Court revealed that the acquired land is almost of the same value and important, if not more, as Ext.A1 land. Even after 3 or 4 years, the Land Acquisition Court only adopted the land value given under Ext.A1 judgment. 3. Therefore, it cannot be said that the compensation awarded is excessive, considering the factum of the situation of the land, importance of locality, the accessibility to the road and the importance of the place. There is no mistake committed by the Court below in fixing land value on par with land value fixed under Ext.A1 judgment. L.A.APP.NO.1061/2007 3 Therefore, the appeal is devoid of merits and it is dismissed. M.N. KRISHNAN, JUDGE SS