IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JANUARY 2007 / 26TH POUSHA 1928 LA.App..No. 1140 of 2005() LAR.499/1994 of SUB COURT, MAVELIKKARA APPELLANT: RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.L.G.SURESH BABU ADDL.ADVOCATE GENERAL RESPONDENT: CLAIMANT --------------------- NANI KARTHYAYANI, PRETHU KIZHAKKATHIL, ALAPPUZHA MURI, HARIPAD. BY ADV. SRI.MATHEW JAMES THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- L.A.A.NO. 1140 OF 2005 --------------------------------- Dated this the 16th day of January,2007 JUDGMENT This Land Acquisition Appeal arises out of L.A.R.No.499 of 1994, on the file of the Sub Court, Mavelikara. An extent of 0.57 Ares of dry land in Sy.No.361/27 of Haripad village was acquired for the purpose of widening and strengthening of Haripad – Viyapuram road. Notification under Section 4(1) was published on 7.2.1991. The land was taken possession of on 29.6.1992. As per award dated 31.12.1992, compensation was granted fixing the land value at Rs.9,606/- per Are. The respondent contended that she is entitled to get compensation taking into account the land value at Rs.20,000/- per cent. 2. The Reference Court relied on Ext.A1 judgment in L.A.R.No.353 of 1993. In that case, notification under Section 4(1) was issued on 6.11.1991. The property acquired therein is in Haripad village. The Land Acquisition Officer had valued the land at the L.A.A. NO.1140 OF 2005 :: 2 :: rate of Rs.9,606/- per Are in that case as well. The Reference Court as per Ext.A1 judgment, enhanced the land value and fixed the land value at Rs.31,122/- per Are. It is stated by AW1 that the land covered by Ext.A1 is situated only 50 metres away from the northern side of the land which is acquired in the present case. Ext.A1 would show that the acquired land is 100 metres away from Kacheri Junction, Haripad. The Reference Court in the present case, relying on the land value awarded in Ext.A1, enhanced the land value to Rs.31,122/- per Are. It was noticed by the Reference Court that there is no case for the State that Ext.A1 judgment had not become final. 3. Information is gathered from the Registry that as against Ext.A1 judgment in L.A.R.No.353 of 1993, State had filed L.A.A.No.1555 of 2000 and that Appeal was dismissed by a Division Bench as per judgment dated 25.5.2005. The Division Bench of this Court found that the land value awarded by the Reference Court in L.A.R.No.353 of 1993 (Ext.A1) was legal and proper. L.A.A. NO.1140 OF 2005 :: 3 :: In view of the judgment in L.A.A.No.1555 of 2000, this Land Acquisition Appeal is liable to be dismissed. Accordingly, the Land Acquisition Appeal is dismissed. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------ ------------------------ L.A.A.NO. 1140 OF 2005 JUDGMENT 16th January, 2007 ------------------------