IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 LA.App..No. 333 of 2007() ------------------------- LA.58/1995 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA), KOZHIKODE. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENTS: CLAIMANTS ---------------------- 1. KURIYADATH NARAYANI (DIED), AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. 2. LEELA, AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. 3. BHARATHY, AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. 4. PADMAVATHY, AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. 5. KRISHNAN, AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. 6. MOHANAN, AYYAPPAN KAVIL HOUSE, NALLOOR AMSOM, FEROKE DESOM, KOZHIKODE TALUK. BY ADV. SRI.THOMAS ANTONY FOR R2 to 6 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008 ALONG WITH LAA NO.451/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1107 OF 2007 IN LAA NO.333 OF 2007 DISMISSED 4.6.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.Nos.333 & 451 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 4th June, 2008 JUDGMENT LAA No.451/07 It is not disputed before me that the Division Bench has finally refixed the compensation payable for the properties similar to those involved in this case at Rs.15,000/- per cent. I find from the impugned judgment in this case that what had been awarded is only Rs.6179/- per cent which was refixed as Rs.15,000/- per cent. Having regard to the above position and having gone through the judgment in LAA Nos.723, 761, 765, 815, 860, 865 and 1046/98, I do not find any warrant for interfering with the refixation of the land value by the reference court. The appeal LAA No.451/07 will stand dismissed. LAA No.333/07 This case also pertains to acquisition of land in Feroke Village for the purpose of Feroke-Mannur-Kadalundy road pursuant to Section 4(1) notification dated 6.6.1991. The land value awarded was only Rs.6179/- per cent and the reference court refixed the land value at the rate of Rs.15,000/- per cent. This court by a common judgment in LAA Nos.723, 761, 765, 815, 860, 865 and 1046/98 approved the award of land value at the rate of Rs.15,000/- refixed LAA Nos.333 & 451/07 - 2 - by the reference court. In this case apart from enhancement of the land value, a nominal increase has been given by the court below on the structural value also. The increase given on the structural value is very nominal. I do not find any warrant for interfering with the judgment of the reference court. The appeal fails and the same will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE