IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 LA.App..No. 651 of 2004() ------------------------- LAR.144/1999 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA. BY SR. GOVERNMENT PLEADER BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- 1. R1. P.P.KOYA, PARTNER, KOYANCO BAZAR, WEST HILL, KOZHIKODE. 2. R2.THE MANAGER (PROJECTS) IBP CO.LTD., 10 MAYOR, V.R.RAMANATHAN ROAD, CHETPAT, CHENNAI, 600031. ADV. SRI.C.P.MOHAMMED NIAS FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 3-7-09 ALONG WITH LAA.674/04 ETC. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ----------------------------------------------- LAA. Nos. 651, 674 & 692 of 2004 ----------------------------------------------- Dated this the 3rd day of July, 2009 J U D G M E N T Pius C.Kuriakose, J. These appeals are directed against the judgment and decree of the land acquisition reference court, Ernakulam awarding enhanced compensation to the land owners. The acquisition was for the purpose of IBP Company. The properties were in Thiruvankulam Village. The relevant section 4(1) notification was published on 10-2-1998. There were dry lands as well as wet lands. For the dry lands, the L.A. Officer awarded land value at the rate of Rs.25,900/- per Are. For the wet lands, the L.A. Officer awarded land value at the rate of Rs.12,300/- per Are. The reference court under the impugned judgment re-fixed the value of dry lands at Rs.38,850/- per Are. Similarly, the value of wet lands was re-fixed at Rs.18,50/-. Thus for dry lands an enhancement by 40% over what was awarded by the L.A. Officer was granted and for the wet lands an increase of WP(C)N0. -2- 50% over what was awarded by the L.A. Officer was granted. 2. Smt. Latha T.Thankappan would assail the impugned judgment very forcefully. She submitted that the enhancement granted is excessive. We cannot agree. We have carefully gone through the impugned judgment. We find that all the findings entered therein are founded on evidence which came on record. There was the commissioner's report, apart from documents A1 to A6 and the testimony of witnesses. We are of the view that the enhancement granted by the reference court is not by any standards unreasonable. At any rate, the award of the reference court cannot be challenged by the Government. These appeals are dismissed. No costs. (PIUS C.KURIAKOSE, JUDGE) (P..BARKATH ALI, JUDGE) ksv/-