IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 LA.App..No. 1708 of 2007(B) ------------------------------- LAR.7/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT IN THE LAR ---------------------------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR(LA), GENERAL, ERNAKULAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT IN THE LAR --------------------------------------------- 1. REETHA GEORGE, PARAMEL, KARINTHARAKKAPARAMBU, P.L.ROAD, PALARIVATTOM P.O., ERNAKULAM. 2. THE EXECUTIVE ENGINEER, K.W.A HUDCO CIRCLE, HOSPITAL ROAD, ERNAKULAM. ADV. SRI.S.ABDUL SALAM FOR R1 SRI.BABU VARGHESE, SC, KWA FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.1708 of 2007 ------------------------------------------------ Dated this the 12th day of October, 2009 JUDGMENT Pius C. Kuriakose, J Sri.Basant Balaji, the learned Senior Government Pleader for the appellant and Sri.M.Dinesh, the learned counsel for the Requisitioning Authority addressed us extensively. But having gone through the impugned judgment and having heard the submissions of Sri.S.Abdul Salam, the learned counsel for the respondent, we are of the view that the upgradation of category of the lands under acquisition from category- V to category-II was justified on the basis of the evidence which was available on record. Same is the position as regards the enhancement in building value L. A. A. No.1708 of 2007 -2- awarded by the Land Acquisition Officer. There was a Commissioner's Report. The Commissioner was assisted by an expert engineer who gave convincing evidence before the court in support of his recommendation. According to us, it is more or less the correct value of the property which has been arrived at by the learned Subordinate Judge at the relevant time under the impugned judgment. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-