IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 LA.App..No. 327 of 2009() ------------------------- LAR.28/2004 of SUB COURT, SULTHAN BATHERY .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, WAYANAD. (ADDITIONAL TAHSILDAR, SULTHANBATHERY AND LAND ACQUISITION OFFICER, KARAPUZHA IRRIGATION PROJECT) BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ----------------------- PRABHAKARAN, S/O.KANNAN, PADINHARE VEEDU, CHERUVAYAL P.O. KADALMAD. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & K.SURENDRA MOHAN, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A .No.327 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. We do not find any warrant for interfering with the judgment of the reference court impugned in this case. Though several claims were made by the respondents for enhanced value towards land value and towards value of improvements etc. learned Subordinate Judge granted enhancement only in terms of market value of the land. The awarding officer had fixed the market value at the rate of Rs. 600/- per cent and the reference court under the impugned judgment enhanced the same to Rs. 900/-. Thus granting an increase of 50%. Apart from the oral testimony of AW1, the learned Subordinate Judge had Ext.A1 sale document executed two years prior to the Section 4(1) notification. Ext.A1 revealed a land value of Rs. 1,000/- per cent. What the court below has done is to fix Rs. 900/- by making a deduction of 100% from the value reflected in Ext.A1. We notice that no increase is given by the reference court to the value LAA.No.327/09 2 reflected in Ext.A1 for passage of time. At any rate, there is no warrant for interference. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE K.SURENDRA MOHAN JUDGE sv. LAA.No.327/09 2