IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 LA.App..No.339 of 2008(D) -------------------------- LAR.177/2002 of ADDL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, THALASSERY. 2. THE DIVISIONAL FOREST OFFICER, KANNUR. BY SR. GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT IN THE LAR --------------------------------------------- T.J.MATHEW, S/O.JOSEPH, THEKKEDATHU HOUSE, P.O.AMBAYATHODU, KANDAPANA, THALASSERY TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.339 of 2008 ------------------------------------------------ Dated this the 29th day of July, 2009 JUDGMENT Pius C. Kuriakose, J We are not inclined to entertain this appeal any longer. The learned senior Government Pleader concedes that enhancement of land value at the rate of Rs.1,000/- per cent under the impugned judgment has been approved by this Court in other cases. The learned senior Government Pleader also submitted that it cannot be stated that enhancement in value of improvements granted at the rate of 20% above what was awarded by the Land Acquisition Officer cannot be said to be unreasonable. The grievance voiced by the Senior Government Pleader is that the Reference Court despite decision to award land value for only 8.04 Ares L. A. A. No.339 of 2008 -2- did not reduce the land value for the balance extent which had been awarded by the Land Acquisition Officer substituted by value of improvements under the impugned judgment. We notice some merit in the above submission of the learned Senior Government Pleader. We permit the Government to apply to the Reference Court for necessary corrections in the judgment and decree under Sections 152 and 153 CPC. This appeal will stand dismissed. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-