IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 LA.App..No. 1232 of 2008() -------------------------- LAR.78/2000 of SUB COURT, MANJERI .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- DR.P.A.KUNHAPPU, S/O.MAMMED, P.O.KUMMINIPARAMBA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1232 of 2008 ------------------------ Dated this the 16thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal need not be treated as defective. 2. We do not find any warrant for interference in this case, which pertains to Acquisition of land for the construction of Kondotty – Tirurangady Diversion Road Route II. Relevant Section 4(1) notification was published on 3/3/1993. The Land Acquisition Officer awarded land value at the rate of 6552/- per Cent. The Reference Court refixed the same at Rs.10080/- per cent. The reference Court did not become inclined to rely on the evidence adduced by the claimant, in stead, relied on the basis document itself. It was noticed that the basis document was executed some 35 months prior to the relevant Section 4(1) notification. What the court below did was to grant 25% increase of the value reflected in the basis document. The approach of the learned Sub Judge was quite reasonable and there is no LAA.No.1232/2008 2 warrant for interference. Accordingly, this appeal will stand dismissed. No costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk