IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 LA.App..No. 28 of 2010() ------------------------ LAR.108/2007 of SUB COURT, PALA .................... APPELLANT(S): RESPONDENT: ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ ULAHANNAN THOMMAN, THATTAM PARAMBIL, PLASSANAL P.O., 6TH MILE REP.BY THE POWER OF ATTORNEY HOLDER GEORGEKUTTY THOMAS, S/O.THOMAS, THATTAM PARAMBIL, THALAPPALAM KARA, ERATTUPETTA VILLAGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A.No.28 of 2010 ---------------------------------- Dated this the 15th day of January, 2010 J U D G M E N T ---------------- Pius C.Kuriakose,J. This appeal by the Government pertains to acquisition of land in Erattupetta village for the purpose of formation of Ettumanoor-Poonjar State Highway pursuant to Section 4(1) notification published on 20.7.2004. Land Acquisition Officer awarded land value at the rate of Rs.22,009/- per Are. It was re-fixed by the reference court to Rs.45,000/- per Are. Even though Mr.Basant Balaji, learned Government Pleader argued that the enhancement granted is excessive, having gone through the impugned judgment we are of the view that the finding of the learned Subordinate Judge regarding market value is based on legal evidence and that the land value refixed by the learned Subordinate Judge is more or less the correct market value of the property at the relevant time in the village. The appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb