IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 767 of 2001() ------------------------- LAR.185/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT/CLAIMANT: -------------- THE SECRETARY, ST.THOMAS JACOBITE CHURCH, NORTH PARAVUR (PARAVUR CHERIAPPILLY) BY ADV. SRI.B.RAMACHANDRAN RESPONDENT/RESPONDENT --------------- STATE OF KERALA REPRESENTED BY SPL. TAHSILDAR (LA) N.H. No.IV, NORTH PARUR, ERNAKULAM. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN FOR R THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ----------------------------------------------- LAA. No. 767 OF 2001 ----------------------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T Pius C.Kuriakose, J. This appeal by the claimant pertains to acquisition of land for the purpose of widening of N.H. 17 in North Parur Village. The land acquisition officer included the property in category 3 and awarded land value at the rate of Rs.22,494/- per Are. The reference court on the basis of the evidence would award an enhancement of Rs.11,247/- per Are. This Court by various judgments including our own judgment in LAA. No. 1092/02 approved the enhancement at the same rate for identical property. Mr.B.Ramachandran, learned counsel for the appellant would argue that the property should have been included in category 2. He relied on the Advocate Commissioner's report. Having gone through the Advocate Commissioner's report, we are of the view that the report, even if it is LAA. N0. 767/01 -2- accepted in full, will not support the appellant's claim for inclusion of his property in category 2. The appeal will stand dismissed. It is needless to mention that the appellant will be entitled for all statutory benefits on the total enhanced compensation which is awarded under the impugned judgment under sections 23(1A), 23(2) and 28 of the L.A. Act. The parties are directed to suffer their costs. (PIUS C.KURIAKOSE, JUDGE) (P.Q.BARKATH ALI, JUDGE) ksv/- LAA. N0. 767/01 -3- PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. LAA. No. 767 OF 2001 JUDGMENT 23rd June, 2009