IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 LA.App..No. 781 of 2009() ------------------------- LAR.324/2005 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/CLAIMANT: --------------- A.VIJAYA RAJ, ANUSHA BHAVAN, PONGUVILA, KALLUVETTANKUZHY, VIZHINJAM, THIRUVANANTHAPURAM. ADV. SRI.P.S.RAMESH KUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ. ``````````````````````````````````````````````````````` L.A.A. No. 781 of 2009 A ``````````````````````````````````````````````````````` Dated this the 2nd day of December, 2009 J U D G M E N T Pius C. Kuriakose, J. This appeal by the government pertains to acquisition of land in Venganoor village for the purpose of widening of road from Kovalam to Mukkola, pursuant to Section 4(1) notification published on 25-03-2002. The Land Acquisition Officer awarded land value at the rate of Rs.24,752/- per Are. The reference court, under the impugned judgment, re-fixed the land value at Rs.75,000/- per Are, relying on the evidence which consisted of Ext.A1, oral evidence of AW1 and Exts.R1 to R4. On behalf of the learned counsel for the respondent, an adjournment is sought for. We are not inclined to grant adjournment. It is brought to our notice by the learned Government Pleader Sri.Aravinda Babu that under judgment in L.A.A.No.1217/2009, this Court has already confirmed the enhancement of land value from Rs.24,752/- to Rs.60,000/- per Are. According to the learned Government Pleader, having regard to that judgment, the rate fixed in this case LAA.781/09 : 2 : is to be interfered with so that there will be a parity between the values received by the owners, who were treated equally by the Land Acquisition Officer. We find merit in the submission of the learned Government Pleader. Accordingly, following the decision in L.A.A.No.1217/2009, we modify the impugned judgment and re- fix the land value at Rs.60,000/- per Are. Appeal will stand allowed to that extent only but without any order as to costs. (PIUS C. KURIAKOSE, JUDGE) (K.SURENDRA MOHAN, JUDGE) aks