IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 168 of 2007(B) ------------------------- LAR.89/2001 of SUB COURT, QUILANDY .................... APPELLANT(S): RESPONDENT ------------------------ THE DISTRICT COLLECTOR, KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI.BEENY VARGHESE RESPONDENT(S): CLAIMANTS & RESPONDENT ----------------------------------------------------- PEEDIKAKKOTTUMMAL MADHAVAN NAIR, S/O.KUNHIRAMAN ADIYODI, AVIANALLOOR AMSOM DESOM, KOYILANDY TALUK. ADV. SRI.R.PARTHASARATHY FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 168 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Koyilandy in LAR 89/01. An extend of 0.00845 hectares of garden land comprised in R.S.No.46/18 in Avidanallur village was acquired by the Land Acquisition Officer. The claimant on reference requested the Court to fix the land value at Rs.25,000/- per cent. The Court on a consideration of the materials fixed it at Rs.8,000/- and passed an award. The Court below had relied upon a common judgment, Ext.A1 passed in LAR 248/03 and other for reference. It was the case of the claimant that the property in LAR 248/03 is lying adjacent to the property in the present case and they are comprised under the very same survey number. This has been admitted by RW1 at the time of examination. It is also submitted that the property in these cases as well as in LAR 248/03 were acquired for the same L.A.A. 168 OF 2007 -2- purpose and the Land Acquisition Court fixed the land value in LAR 248/03 at Rs.8,000/-. The learned Government Pleader in fairness submits before me that against the order in LAR 248/03 an appeal was preferred as LAR 102/07 and this Court has dismissed the appeal on 31.10.08. Therefore from the materials it can be seen that the property involved in this case as well as in LAR 248/03 are of the same nature acquired for the same purpose under the very same notification and similar and similarly situated. The fixation of land value in LAR 248/03 has become final and therefore I cannot find fault with the Land Acquisition Court in fixing the land value in this case at Rs.8,000/-. Therefore the award does not call for any interference and so the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-