IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 LA.App..No. 1200 of 2008(D) -------------------------------------- LAR.441/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT/RESPONDENT: -------------------------------------- STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR (LA),KOZHIKODE. BY GOVERNMENT PLEADER BASANT BALAJI RESPONDENT/CLAIMANT: -------------------------------------- A.RAVEENDRAN,KRISHNA KRIPA, NELLIKODE,KOZHIKODE. ADV. SRI.MILLU DANDAPANI FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 1200 of 2008(D) 2 ORDER IN I.A.NO.2659 OF 2008 IN I.A.NO.1200 OF 2008 DISMISSEED SD/- PIUS C.KURIAKOSE JUDGE SD/- K.SURENDRA MOHAN JUDGE //TRUE COPY// P.A.TO JUDGE mns PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.1200 of 2008 ------------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT Pius C.Kuriakose,J. Heard Sri.Basant Balaji, the learned Government Pleader for the appellant and Smt.Sumathi Dandapani, the learned counsel for the claimant/cross objector in C.O.No.93/2008. The acquisition in question was for the purpose of Pottammal-Mananthalathazham road within the area of Calicut Corporation. The relevant section 4(1) notification was published on 24.12.1993. The L.A.Officer awarded land value at the rate of Rs.13,440/- for garden land and at the rate of Rs.5194/- per cent for wet lands. Under the impugned judgment, the reference court re- fixed the land value of garden land at Rs.25,000/- per cent and those of wet lands at Rs.15,000/- per cent. It is brought to our notice that by the judgment in LAA No.762/2007, this Court re-fixed the value of garden land involved in this appeal at Rs.30,000/- per cent. This means that cross objection No.93/2008 preferred by the claimant LAA No.1200 of 2008 2 has to be upheld by re-fixing the value of garden land at Rs.30,000/- per cent. As for wet lands, we are of the view that the value presently granted at the rate of Rs.15,000/- per cent can be sustained. Even according to the L.A.Officer, the ratio between the garden land and wet land was also 2:1. May be, the learned Government Pleader is right in saying that in this particular case there was no good evidence justifying the enhancement. But, we should not be unmindful of the decision taken in other cases covered by the very same notification. Hence we do not want to entertain this appeal any longer. Under the above circumstances, the appeal is dismissed. Cross Objection is upheld. Value of garden land is re-fixed at Rs.30,000/- per cent. In the above circumstances, parties are directed to suffer their costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE css/