IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 LA.App..No. 425 of 2010 --------------------------------- LAR.54/2006 of ADDL.SUB COURT, PALAKKAD .................... APPELLANT(S): RESPONDENT: -------------------------------------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR, LA(G) NO.2, CIVIL STATION, PALAKKAD. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN. RESPONDENT(S): APPELLANTS: ---------------------------------------------- 1. RAYAPPAN MASTER, S/O.CHELLAPPAN, P.R.S. FANCY STORE, MERCY COLLEGE JUNCTION, PALAKKAD. 2. K.C.AMMINI, W/O.RAYAPPAN MASTER, P.R.S. FANCY STORE, MERCY COLLEGE JUNCTION, PALAKKAD. 3. MERCY.P.R, W/O.GEORGE PAUL, P.R.S. FANCY STORE, MERCY COLLEGE JUNCTION, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN SRI.P.V.MATHEWS SMT.P.G.BABITHA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ L.A.A.No.425 of 2010 ---------------------------------------------- Dated, this the 11th day of October, 2010 J U D G M E N T K.M.Joseph, J. After condoning the delay in filing the appeal, we heard the appeal also. 2. An extent of 0.0048 hectares of dry land in Survey No.246/4P of Palakkad Village was acquired for the upgradation of Palakkad-Kolappully road. The Land Acquisition Officer fixed the land value at Rs.43,146.24. The court below fixed the land value at Rs.1,32,585/- per Are. In this case only 48% increase was granted and this Court has approved of similar land value. 3. This Court while issuing notice in the matter took the view that the land value is not excessive. But, notice on admission was issued only to the extent the appeal pertains to enhancement of structure value. Learned senior Government Pleader does not dispute that value of structure was fixed on the basis of A1 valuation report and that the valuation report is prepared by an expert. He has also given LAA No.425/2010 -2- deposition in the matter. After having heard the learned counsel for the parties we do not think that there is merit in the appeal. The appeal fails and it is dismissed. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS