IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 LA.App..No. 763 of 2007() ------------------------- LAR.233/2000 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS: -------------------------------------------------- 1. THE TAHSILDAR(LA), N.H.NO.1, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, N.H.DIVISION, KOZHIKODE. BY SR.GOVERNMENT PLEADER MR. BENNY VARGHESE RESPONDENT(S): CLAIMANT: --------------------------------------------- THE MANAGING DIRECTOR, THE COMMONWEALTH TRUST(INDIA) LTD., 7/1136, SOUTH MANANCHIRA ROAD, KOZHIKODE. BY MR.U.K.RAMAKRISHNAN, SENIOR ADVOCATE, BY ADV.SMT.P.VIJAYAMMA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1985/2007 IN LAA.NO.763/2007 DISMISSED 26/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 763 OF 2007 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2010. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kozhikode in LAR 233/00. An area of 0.005 hectares of land comprised in T.S.No.17-17-726/4 was acquired by the Government for the purpose of mini Bypass road. The Land Acquisition officer fixed the market value at Rs.28,670/- per cent and on reference the Land Acquisition Court enhanced it to Rs.50,000/- per cent. It is against that decision the State has come up in appeal. 2. Really an amount of Rs.1,50,000/- was claimed as compensation by the claimants. The claimants relied upon a document Ext.A1. The Land Acquisition Court found that the land covered by Ext.A1 was situated in the heart of Kozhikode city whereas the land acquired did not have any prominence or importance at the time of acquisition. So taking into consideration the same and not accepting the Commissioner's L.A.A. 763 OF 2007 -2- report of a higher value the Land Acquisition Court had fixed a reasonable amount of Rs.50,000/- per cent taking into consideration the utility and potentiality of the land. Therefore the award is not vitiated by any error or illegality. Therefore the appeal does not deserve any consideration and hence it is dismissed. M.N. KRISHNAN, JUDGE. ul/-