IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 LA.App..No. 267 of 2005() ------------------------- LAR.1/2003 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT: RESPONDENT NO.1: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENTS: CLAIMANT RESPONDENTNO.2: ----------------------------------- 1. VILASINI, REP. BY POWER OF ATTORNEY HOLDER SRI.RAJEEV, KUMBALAPPARAMBIL AMBALANADA, PADINAJARE CHALAKUDI. 2. THE MANAGING DIRECTOR, KERALA ROADS AND BRIDGES CORPORATION, ERNAKULAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 267 OF 2005 ---------------------------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed against the judgment and decree in L.A.R. No.1 of 2003 on the file of the Additional Sub Court, Irinjalakuda. Acquisition is for the purpose of approach road to railway over bridge. The grievance pertains to 20% enhancement given to the structures. It is now settled law that in view of the difference in the P.W.D. rate adopted by the Land Acquisition Officer and the market value, enhancement even upto 30% for structures is permissible. Therefore, we find no merit in the appeal and the appeal is accordingly dismissed. I.A. No. 751 of 2005 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 18th JANUARY, 2008