IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 LA.App..No. 1824 of 2008 LAR.384/1994 OF ADDL.SUB COURT, NORTH PARAVUR APPELLANT: RESPONDENT STATE OF KERALA BY GOVERNMENT PLEADER SRI.MOHAMED ANZAR RESPONDENTS: CLAIMANTS 1. ARAVINDAKSHAN NAIR, NEPHEW OF PISHARATH VELU PILLAI, KURUMTHALA VEEDU, KUTTAMASSERY, THOTTUMMMUGHAM.P.O, ALUVA. 2. VENUGOPALAN NAIR, NEPHEW OF PISHARATH VELU PILLAI, “ THEJUS”, M-32, CHANGAMPUZHA NAGAR, KALAMASSERY. 3. MURALEEDHRARAN NAIR, NEPHEW OF PISHARATH VELU PILLAI, POTHANALI VEEDU, KADUNGALOOR, ALUVA. 4. RATNAVALLI AMMA, NIECE OF PISHARATH VELU PILLAI, GAYATHRI, VELIYATHUNADU, U.C COLLEGE.P.O, ALUVA. 5. KOMALAVALLI AMMA, NIECE OF PISHARATH VELU PILLAI, REP. BY HER POWER OF ATTORNEY HOLDER, ARAVINDAKSHAN NAIR, KURUMTHALA VEEDU, KUTTAMASSERY, THOTTUMUGHAM.P.O, ALUVA. ADV. SRI.DINESH R.SHENOY FOR R1 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 1824 OF 2008 ------------------------------------------------------------- Dated this the 25th November, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed by the State aggrieved by the fixation of land value by the Reference Court, namely, Additional Sub Court, North Paravur in L.A.R.No.384 of 1994. The acquisition is for the purpose of widening of National Highway 47, Alwaye-Kalamassery. The Land Acquisition Officer has fixed the land value at Rs.39,767/- per Are. However, relying on the judgment and decree in L.A.R.No.647 of 1993, the Reference Court has fixed the land value at Rs.39,559/- per Are. It is seen that the relied on judgment has become final, since there is no appeal. 2. As far as value of the building is concerned, the Reference Court has granted only 25% enhancement on the ground that the Land Acquisition Officer has relied on the PWD rates in valuing the building. It is now settled law that such enhancement on the basis of market value is permissible. Therefore, there is no merit in the appeal. The appeal is, therefore, dismissed. L.A.A.NO.1824 OF 2008 :: 2 :: The interlocutory application for stay, I.A.No.4113 of 2008, is also dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/