IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 LA.App..No. 1757 of 2008(D) --------------------------- LAR.40/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BABU. RESPONDENT(S): CLAIMANT ----------------------- 1. SARASAMMA, RADHADEVI AMMA, PUNNAVILA PUTHEN VEEDU, KOTTARA, POOYAPPALLY. 2. RADHADEVI AMMA, LEKHA, PUNNAVILA PUTHEN VEEDU, KOTTARA, POOYAPPALLY. ADV. SRI.V.V.RAJA FOR R1-2 SRI.M.T.SURESHKUMAR FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & HARUN-UL-RASHID, JJ. ------------------------ L.A.A.No. 1757 OF 2008 ------------------------ Dated this the 2nd day of January, 2008 JUDGMENT PIUS C.KURIAKOSE, J. This appeal by the Government pertains to acquisition of land for the purpose of the formation of railway track in Panayam village in Kollam Taluk pursuant to a notification under Section 4 (1) published on 7/7/1991. As against the land value at the rate of Rs.7,866/- per Are awarded by the land Acquisition officer, the reference court refixed the land value at Rs.18,525/- per Are. The evidence before the reference court consisted mainly of Ext.A1 and A2. Ext.A2 is a certified copy of the judgment in L.A.R.105/95. Ext.A2 case pertains to acquisition covered by the very same section 4 (1) notification in respect of an identical property in the sense that the land Acquisition officer had treated Ext.A2 property on a par with properties in this case. It is brought to my out notice that Ext.A2 has attained finality in the sense that no appeal has been preferred against Ext.A2. We L.A.A..No.1757/2008 2 find merit in the submission of the learned counsel for the respondent that in view of the finality attained by Ext.A2, there is no justification for interfering with the judgment impugned in this case. The appeal will stand dismissed. No costs. PIUS.C.KURIAKOSE,JUDGE HARUN-UL-RASHID, JUDGE dpk