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 22ND JULY 2009 / 31ST ASHADHA 1931 LA.App..No. 1302 of 2008() -------------------------- LAR.186/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/RESPONDENT: ----------------------- STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, LA, KOCHI REFINERIES LTD., VYTTILA, TRIPUNITHURA. BY ADDL.ADVOCATE GENERAL SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): ------------- 1. K.D.GEORGE, 8A SKYLINE, MARBLE ARCH JUDGES AVENUE, KALOOR-17 2. MANAGING DIRECTOR, KINFRA, KINFRA HOUSE ANNEX, TC.NO.9/2585, ELANKOM GARDENS, VELLAYAMBALAM, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R2 SRI.A.BALAGOPALAN FOR R1 SRI.A.RAJAGOPALAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1302 OF 2008 ------------------------ Dated this the 22nd day of July, 2009 JUDGMENT Pius C.Kuriakose, J. We do not find justification for entertaining this appeal any longer. The case pertains to acquisition of 2.55 Ares of land in Kakkanadu village for the purpose of KINFRA. The relevant Section 4(1) notification was published on 24/10/2003. The land acquisition officer included the property in category-3 and awarded land value at the rate of Rs.47,734/- per Are. The reference court under the impugned judgment, which is common to several other land acquisition reference cases also, refixed the land value at the rate of Rs.81,700/- per Are. Our attention is drawn by the learned counsel for the claimant to the common judgment of this court in LAA Nos.310/2007 and 1/2008 series. It is seen from that judgment, which has admittedly attained finality, that refixation of land value of the properties in category-3 at Rs.81,700/-per Are has been approved by a Division Bench of this court. What remains is the correctness of the enhancement granted by the reference court towards LAA.No.1302/2008 2 value of structures. We find that it is only a nominal enhancement which has been given by the reference court towards value of structures. We do not find any reason to entertain this appeal. Hence, the appeal will stand dismissed. PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk