IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 LA.App..No. 119 of 2010() ------------------------------------ LAR.262/2007 of SUB COURT, MUVATTUPUZHA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. ELIAS. S/O MATHAI, THAZHATHEPUNNAKKUZHIYIL, KAKKAD, PIRAVAM. (DIED) 2. THANKAMANI, W/O. ELIAS, THAZHATHEPUNNAKKUZHIYIL, KAKKAD, PIRAVAM,REPRESENTED BY K.K. POULOSE, S/O. K.P. KURIAKOSE, 55 YEARS, POWER OF ATTORNEY HOLDER, NADUVILEDATHU- PUTHENPURAYIL,KAKKADU,PIRAVAM,MUVATTUPUZHA TALUK. 3. MANJU, D/O. ELIAS, -DO- 4. ELDHO, S/O. ELIAS, -DO- BY MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE BY ADVS. MR.PAUL ABRAHAM VAKKANAL MR.DIJO SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB COLLECTOR, MUVATTUPUZHA. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H. DIVISION, PIRAVOM. R1 BY SR. GOVT. PLEADER MR.BENNY VARGHESE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... L.A.A.No.119 OF 2010 ............................................. Dated this the 10th day of February, 2010. J U D G M E N T This is an appeal preferred against the order passed in L.A.R.No.262/2007. The claimants moved a reference under Section 28(A)3 of the Land Acquisition Act. 4.05 Ares of land belonging to them was acquired fixing the land value at Rs.4,200/= per Are. The claimants did not move for enhancement under Section 18 of the Land Acquisition Act. Thereafter by virtue of the same notification, acquisition has been effected on other properties and one of such case was L.A.R.No.103/1994. In L.A.R.No.103/1994 compensation was fixed at Rs.7,200/= per Are. So, on the basis of the reference order as contemplated under Section 28(A), a petition was moved to award compensation as contemplated under the said provision. The land acquisition officer accepted the reference in toto and granted land value at the rate of Rs.7,200/= per Are. It is the maximum that one can expect under law and that has been given. Even then dissatisfied with the same, the claimants had moved a reference : 2 : L.A.A.No.119 OF 2010 before the Subordinate Judge. The Subordinate Judge has accepted and adopted the amount awarded in LAR.No.103/2004 and the rate of interest given therein and rejected the application of the claimants on the ground that question of reference will not really arise at all. 2. I find on perusal of Section 28(A) of the Land Acquisition Act that the object and purport of the same is not to differentiate the persons who have surrendered the lands. The law has been properly complied with and justice has been done to the party as contemplated under Section 128(A) of the Land Acquisition Act. Therefore nothing survives for determination in the appeal. The appeal is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.119 OF 2010