IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 LA.App..No. 207 of 2009() ------------------------- LAR.488/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT ------------------------ SPECIAL TAHSILDAR (LA), NH I, KOZHIKODE. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT ----------------------- MEPPAKUDI ASSAIN, VENGERI, KARUVISSERY, MALIKKADAVU, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.207 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to admit this appeal which pertains to award of enhanced compensation by the reference court in a case pertaining to acquisition of land in Vengeri village for the construction of Calicut bye-pass. The relevant section 4(1) notification was on 13/07/1993. The awarding officer awarded land value at the rate of Rs. 5331/- per cent which was enhanced by the reference court to Rs. 25,000/- per cent. The reference court had the oral evidence of AW1 claimant, the report of the Commissioner C1 and Ext.A1 for evidence. Ext.A1 was the certified copy of the judgment in L.A.R.No.6/1999 which pertains to acquisition in the same village. But the section 4(1) notification in relation to Ext.A1 was 17 months subsequent to Section 4(1) notification in the present case. Ext.C1 was to the effect that the property was situated in an important locality and there was no counter evidence to the evidence of AW1 regarding the market value, LAA.No.207/09 2 importance etc. of the property. Ext.A1 revealed a land value of Rs. 30,000/- per cent. The court below has obviously taken note of the unrebutted evidence of Ext.A1 and C1 and concluded that the correct market value of the acquired property at the relevant time is Rs. 25,000/-. Having gone through the impugned judgment and having considered the rival submissions of the learned Government Pleader, we feel that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. The Appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.207/09 2