IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No. 691 of 2009(C) -------------------------- LAR.125/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): CLAIMANTS ------------------------ 1. BHUVANENDRAN, T.C. 16/1061, JAGATHY, THIRUVANANTHAPURAM. 2. MAHENDRAN, T.C. 16/1061, JAGATHY, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.691 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal preferred by the government pertains to acquisition of land in Thycaud village pursuant to Section 4(1) notification published on 9-10-2000. The land acquisition officer awarded land value at the rate of Rs. 2,96,400/- per Are. The reference court under the impugned judgment has refixed the land value at Rs. 3,30,160/-. Having gone through the impugned judgment, we are of the view that such refixation of land value by the reference court was justified on the evidence which came on record. We do not find any warrant for interfering with such refixation of land value. The land acquisition officer awarded a sum of Rs. 68,610/- towards value of building. There was good evidence before the reference court like the report as well as the oral evidence of the Engineer who valued the building and accordingly the reference court would refix the building value at Rs. 2 lakhs. As rightly pointed out by Sri.Bijoy Chandran, learned LAA.No.691/09 2 Government Pleader , in the decretal portion of the judgment, a mistake has crept in while dealing with the enhanced compensation given towards value of the building. While the actual enhancement granted is only Rs. 31,390/-, it is provided in the decretal portion that enhancement given towards value of the building is Rs. 2 lakh. According to us, this is a mistake which crept in due to an accidental slip or clerical mistake or omission. This is liable to be corrected by invoking the powers of the court below under Section 152 and 153 of the Code of Civil Procedure. We permit the government to apply to the reference court to seek correction of the decree in this context. Subject to the above, we dismiss this appeal without any order as to costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.691/09 2