IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 LA.App..No. 956 of 2004(D) -------------------------- LAR.25/1994 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENT(S): ------------------------ 1. NANI CHELLAMMA, BUNGLAVIL, THEKKETHIL, KILIKKOLLOOR, KOLLAM (DIED). 2. LEKSHMIKUTTY, D/O.CHELLAMMA, KALEELAZHIKATHU VEEDU, KALLUMTHAZHAM, KILIKKOLLOOR, KOLLAM. ADV. SRI.D.KISHORE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ================= L.A.A.No.956 OF 2004 =================== Dated this the 14th day of January 2010. JUDGMENT This appeal is preferred against the award of the Land Acquisition Court, Kollam in L.A.R.No.95/94 relates to an area of 4.23 ares of land comprised in Re.Sy.No.906/16 of Kilokolloor Village. The land value was fixed at the rate of Rs.7186/- per are, on reference the Land Acquisition Court enhanced the land value to 12,350 per are and awarded the compensation. It is against that decision the government have come up in appeal. 2. Heard the counsel on both sides. 3. The relied on judgment in this case is the award in L.A.R No.16/94 of the Additional Subordinate Judges Court, Kollam. In that case, the Land Acquisition Court enhanced the land value at Rs.5,000/- per cent and calculated the compensation. In appeal L.A.A.No.940/01 preferred against the award in L.A.R.No16/94 the Division Bench of this Court reduced the land value from Rs.5,000 to Rs.4,000 per cent and thus the award was modified. Now the sole and main criteria for fixing the land value at Rs.12,350/- per are is L.A.A.No.956 OF 2004 2 on the basis of the judgment. Now since the land value has been modified to Rs.4,000/-, then for 2.47 cents of land. Which is equivalent to one are the amount will come to Rs.9,880/- and when only Rs.7,186 is given per are, the entitlement of enhanced land value will be Rs.2694/- per are. So the award requires modification in that regard and therefore the appeal is disposed of thereby modifying the enhanced land value at Rs.2,694/-per Are. The claimant to entitled to such enhancement with all the attendant benefits awarded by the Land Acquisition Court. Appeal disposed of accordingly. M.N.KRISHNAN,JUDGE. mns