IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 LA.App..No. 958 of 2005(D) -------------------------- LAR.238/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT ------------------------ THE SPECIAL TAHSILDAR, L.A., KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT: CLAIMANT ----------------------- K.C.MUHAMMED, ODUNGAL HOUSE, PANNICODE, KOZHIKODE TALUK. ADV. SRI.M.GOPIKRISHNAN NAMBIAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2782 OF 2005 IN LAA NO.958 OF 2005 DISMISSED 30.9.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.958 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 30th September, 2008 JUDGMENT This appeal filed by the Government pertains to acquisition of land in Kodiyatthoor Village in Kozhikode District for the purpose of construction of a bridge across Edavazhikkadavu. The property involved is 1.63 cents of land. The relevant notification under Section 4(1) was on 29.1.1994. The Land Acquisition Officer awarded land value at the rate of Rs.5069/- per cent which was enhanced by the court below to Rs.15000/- per cent. The court below disposed of the reference case along with LAR Nos.135/99, 140/99, 183/99, 226/99. 228/99, 237/99 and 238/99. The evidence before the court below consisted of the oral testimony of A.W.1, claimant in one of the cases and the counter oral evidence of R.W.1 apart from documents Exts.A1 and A2 on the side of the claimants. Ext.C1 Commissioner's report and Ext.B1 award and note to award in one of the cases. It was relying mainly on Ext.A1 judgment that the reference court answered the reference in the manner indicated above. The learned Government Pleader would submit that against two cases covered by the common judgment which is impugned in this appeal, appeals are even now pending before this court and requested that this appeal LAA No.958/05 - 2 - also be considered along with those appeals. But Mr.Gopikrishnan Nambiar, counsel for the respondent-claimant would draw my attention to the judgments of this court in LAA Nos.1582/02,371/05, 498/05 & 1165/05, all cases related to acquisition of adjacent properties. My attention was drawn by him also to the judgment in LAA Nos.148/05, 307/05, 409/05, 587/05, 706/05, 726/05, 1337/05, 1406/05, 1424/05, 119/06 & 668/07, all cases pertaining to acquisition for the very same purpose. Of course, those cases pertain to acquisition of different categories of land and the Land Acquisition Officer had awarded different rates and enhancement granted by the court also. At the same time, those judgments have some probative value in this case in view of the finding of the Division Bench that the approach of the learned Subordinate Judge towards fixation of market value was reasonable. I find that the total stakes involved in this appeal is only around Rs.16,000/-. For all these reasons, I am of the view that there is no justification for interfering with the enhancement granted to the respondent-claimant. The appeal will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE LAA No.958/05 - 3 -