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 29TH MAY 2009 / 8TH JYAISHTA 1931 LA.App..No. 1291 of 2007() -------------------------- ( LAR.NO.150/98 OF II ADDL. SUB COURT, THIRUVANANTHAPURAM) APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT & ADDL.RESPONDENT NO.2 ---------------------------------------------- 1. H.HANEEFA, POWER OF ATTORNEY HOLDER OF NUSAIBA BEEVI, NAZIM MANZIL, ATTIPRA. 2. ELECTRONIC TECHNOLOGY PARKS (KERALA), KARIAVATTOM P.O., THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1291 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009 JUDGMENT Pius.C.Kuriakose, J. We do not find any ground to admit this appeal preferred by the Government against the enhancement granted by the land acquisition reference court. The acquisition was for the purpose of Electronics Techno Park, at Kazhakoottom and was pursuant to a notification under Section 4(1) dated 5-4-94. The land acquisition officer included the property in category 13 ( wet lands lying by the side of Attinkuzhi -Thrippadapuram road) and awarded land value at the rate of Rs. 4154/- per Are. The evidence before the reference court consisted of Exts.A1 and A2 and the oral testimony of AW2 on the side of the claimants. Under the impugned judgment, the reference court granted an enhancement of 30% over what was awarded by the land acquisition officer and refixed the land value at Rs. 5400/- per Are. Having gone through the impugned judgment and our own judgment in other appeals pertaining LAA.No.1291/07 2 to acquisition of properties in various other categories, we are of the view that refixation of land value for properties in category 13 at Rs. 5400/- is quite reasonable. The appeal accordingly will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.1291/07 2