IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 LA.App..No. 525 of 2007() ------------------------- AGAINST THE ORDER DATED 30/11/2005 IN LAR. 20 /2002 IN LAR.23/2002 of ADDL.SUB COURT,PARAVUR .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENTS: CLAIMANTS ---------------------- 1. ABDUL MAJEED, S/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 2. PATHUMMA, W/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 3. M.M.KHALID, S/O.MARAKKAR, MATTOORKATNOOTU THOTTAKKATTUKARA, ALUVA. 4. ABOOBACKER, S/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 5. MUHAMMED KUNJU, S/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 6. JAMEELA, D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 7. RASIA, D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 8. KHAULATH, D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 9. AISHA, D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 10. RAMLA, D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. 11. SOUDA, , D/O.MARAKKAR, MATTOORAKATNOOTU, THOTTAKKATTUKARA, ALUVA. BY ADV. SRI.M.A.ABDUL HAKHIM FOR R1,3, & 5 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, ALONG WITH LAA NO. 913 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.1561/2007 IN L.A.A. NO.525/2007 DISMISSED 31.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A.NOS. 525 & 913 of 2007 ---------------------------------- Dated this the 31st day of July , 2008 JUDGMENT These appeals by the Government pertain to the acquisition of land in Aluva West Village for the purpose of widening of N.H.- 47. Relevant Section 4 (1) notification was on 27.7.2000. The land acquisition officer awarded the land value at the rate of Rs.2,37,624/- per Are. The reference court relying on Ext.A1 judgment would enhance the said value by 75%. It is seen that Ext.A1 judgment was in respect of the acquisition under the very same Section 4 (1) notification and for the very same purpose. Thus Ext.A1 had considerable probative value. The only question is to be decided is whether Ext.A1 has attained finality. The learned Government Pleader would fairly submit that against Ext.A1, the Government had preferred L.A.A.854/2006 and that the said L.A.A. was dismissed on 23.10.2007 confirming Ext.A1. Confirmation of Ext.A1 should necessarily lead to confirmation of the impugned judgment also. L.A.A. No.525/2007 & another 2 The impugned judgment will stand confirmed and the appeals will stand dismissed. PIUS C. KURIAKOSE JUDGE dpk