IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 LA.App..No. 1058 of 2007(D) --------------------------- LAR.81/2003 of ADL.SUB COURT, THALASSERY .................... APPELLANT: RESPONDENT IN THE LAR: --------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENTS: CLAIMANT IN THE LAR: --------------------------------- 1. ACHAYATH PRADEEP KUMAR, S/O.DAMODARAN, NARAYANI NILAYAM, P.O. DHARMADAM, DHARMADAM AMSOM, DESOM. 2. THE MANAGING DIRECTOR, ROADS AND BRIDGES CORPORATION, ERNAKULAM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA 2643/2007 IN L.A.A. NO.1058/2007 DISMISSED 27.5.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 1058 of 2007 ---------------------------------- Dated this the 27th day of May , 2008 JUDGMENT The Government challenges the judgment and decree of the Reference Court in L.A.R.81/2003 in this case, which pertains to the Acquisition of land in Muzhappilangad Village for the construction of railway over bridge pursuant to the notification under Section 4 (1) of the Act dated 26.3.2001. The awarding officer awarded the land value at the rate of Rs.9,991/-. The Reference Court relying on the Ext.A3 judgment L.A.R.27/2003, a case pertaining to the Acquisition of property covered by the very same 4 (1) Notification and for the same purpose, refixed the Land Value at Rs.17,500/- per cent. Apart from that the Reference Court enhanced the value of improvements by 20%. 2. Service is completed and there is no appearance for the first respondent. Heard the learned Government Pleader. The learned Government Pleader fairly conceded that Annexure A3 Judgment relied on by the Reference Court has attained finality in the sense that the Government has not preferred any appeal against the same. Though a ground has been taken in the appeal memorandum that increase of L.A.A. No.1058/2007 2 20% given to the value of improvements is not supported by any independent evidence, no serious arguments were addressed before me on the basis of that ground. Having regard to the finality attained by Ext.A3, I am of the view that there is no justification for upholding any of the grounds. Moreover, having gone through the judgment under appeal, I find that the approach of the learned Subordinate Judge was quite reasonable . Having regard to the importance of the locality and the circumstance that the acquired property was having direct frontage of the National Highway and the learned Subordinate Judge had Ext.X1 Commission Report also before him, the award of the enhanced compensation by the court below is found to be quite reasonable. This Land Acquisition Appeal is dismissed. PIUS C. KURIAKOSE JUDGE dpk