IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 LA.App..No. 753 of 2005() ------------------------- LAR.101/1998 of SUB COURT, MAVELIKKARA .................... APPELLANT/2ND RESPONDENT: ----------------------------- THE SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, REGIONAL OFFICE, KESAVADASAPURAM, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695 004. BY ADV. MR. MATHEW GEORGE VADAKKEL RESPONDENTS/CLAIMANTS:- --------------------------------- 1. YAMUNA DAS, OF SURESH BHAVAN, PONAKAM MURI, THEKKEKARA, MAVELIKKARA. 2. GANGA BALACHANDRAN OF -DO- -DO-. 3. SURESH KUMAR OF -DO- -DO-. 4. BINDU VINOD OF -DO- -DO-. 5. SUNIL KUMAR OF -DO- -DO-. 6. STATE OF KERALA, REPRESENTED BY THE ADDL.GOVERNMENT PLEADER, MAVELIKKARA. ADV. MR. THOMAS ABRAHAM FOR R1 TO 5 MR. R.PADMAKUMAR FOR R1 TO R5 MR. BENNY VARGHESE, GOVERNMENT PLEADER THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, ALONG WITH L.A.A NO. 1003/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A. No. 753/2005 : 2 : ORDER ON I.A. NO. 1926/2005 IN L.A.A. No. 753/2005 DISMISSED 07.07.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR , J. ========================== L.A.A. Nos. 753 & 1003 of 2005 ========================== Dated this the 7th day of July, 2009. JUDGMENT These appeals at the instance of the Requisitioning Authority, namely, the Food Corporation of India, challenge the common judgment dated 05.12.2003 passed by the Sub Court, Mavelikkara in L.A.R. Nos. 101 and 99 of 1998. In L.A.R. No. 101 of 1998, 0.50 Ares of dry land comprised in Survey No. 18/29 of Thekkekara village along with other parcels of land were compulsorily acquired by the State for the construction of a godown for the appellant, Food Corporation of India. In L.A.R. No. 99 of 1998, 1.00 Ares of dry land comprised in Survey No. 13/19 of Thekkekkara village was compulsorily acquired by the State for the same purpose. Notification under Section 4(1) of the Land Acquisition Act was published on 11.03.1995. The award was passed on 30.09.1997. The land was taken possession of on 24.11.1997. The Land Acquisition Officer had fixed L.A.A Nos. 753 & 1003 of 2005 : 2 : the land value at the rate of Rs.17,000/- per Are. On a reference at the instance of the claimants, the Sub Court, Mavelikkara, as per the impugned award dated 05.12.2003 enhanced the land value to Rs.50,000/- per Are. The rate of enhancement works out to Rs.33,000/- per Are. For granting the enhancement, the court below relied on Ext.A1 judgment in L.A.R. No. 35 of 1998 of that court whereunder similar parcels of land were compulsorily acquired for the same purpose as per notification published on 11.07.1995. Since the appellant had challenged Ext.A1 judgment relied on by the court below by filing L.A.A No. 414 of 2004 and the said appeal was dismissed by this Court on 03.04.2009, the basis adopted by the court below for granting the enhancement stands confirmed by this Court. That apart, aggrieved by the award passed in L.A.R. No. 99 of 1998, the State had filed L.A.A. No. 477 of 2006 before this Court. This Court, as per judgment dated 10.06.2009, had dismissed the State's appeal upholding the enhancement L.A.A Nos. 753 & 1003 of 2005 : 3 : given by the court below. Under these circumstances, I see little scope for interference with the order passed by the court below. These appeals are accordingly dismissed. Dated this the 7th day of July, 2009. V. RAMKUMAR, JUDGE. rv