IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 LA.App..No. 1519 of 2008() -------------------------- LAR.36/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR, (LA),KAKKANAD NH NO.1. 2. THE EXECUTIVE ENGINEER,PWD ROADS AND BRIDGES DIVISION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- FLORENSIA, ALIAS BABY, W/O.ANTONY, KOLARICKAL, SOUTH CHITTOOR.P.O, ERNAKULAM. ADV. SRI.V.V.JOSHI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,?J. ------------------------ L.A.A.No.1519 OF 2008 ------------------------ Dated this the 9th day of December, 2008 JUDGMENT This appeal filed by the Government is directed against the judgment of the reference court in respect of acquisition for the construction of approach road to Kothad Bridge pursuant to a notification under Section 4(1) dated 16/11/2002. The land acquisition officer awarded land value at the rate of Rs.34,300/- per Are, which was enhanced by the reference court to Rs.56,373/- per Are. The reference court relied on Ext.A1 judgment in another case pertaining to identical property involved in the very same acquisition. 2. Having gone through the judgment of the reference court, I feel that the reliance placed by the court below on Ext.A1 was justified. The only question which remains is whether Ext.A1 has attained finality. Against Ext.A1, there was an appeal filed by the Government as L.A.A. No.149/2008. Copy of the judgment in that appeal is now placed before me. It is seen L.A.A..No.1519 OF 2008 2 from the judgment that the Division Bench has approved Ext.A1 and confirmed the enhancement given under Ext.A1. Under the above circumstances, there is no warrant for interfering with the impugned judgment. The appeal will stand dismissed in limine. (PIUS.C.KURIAKOSE,JUDGE) dpk