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 21ST OCTOBER 2009 / 29TH ASWINA 1931 LA.App..No. 565 of 2007() ------------------------- LAR.42/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENTS -------------------------- STATE OF KERALA, REP. BY THE TAHSILDAR (L.A.), N.H.NO.III, VYTTILA. BY GOVERNMENT PLEADER SMT.P.N.SUMANGALA RESPONDENTS: CLAIMANT ------------------------ 1. DILEEP KUMAR, S/O. KESAVAN, PAPPALIL, PONNURUNNI, POONITHURA VILLAGE, VYTTILA. 2. SUDARSANAN, S/O. KESAVAN, -DO- 3. MURALEEDHARAN, S/O. KESAVAN, -DO- 4. RAJENDRAN, S/O. KESAVAN, -DO- 5. THE MANAGER, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA, PALARIVATTOM. ADV. SRI.P.S.DIVAKARAN FOR R1TO4 SRI.CHRISTUDAS STEPHENSON FOR R1TO4 SMT.K.R.KRISHNAKUMARI FOR R1TO4 SMT.C.B.ANUROOPA FOR R1TO4 SMT.PREETHI K.PURUSHOTHAMAN FOR R1TO4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------------------- LA.A.No.565 of 2007 ------------------------------------------ Dated this the 21st day of October, 2009 JUDGMENT PIUS C.KURIAKOSE, J. The Government is in appeal. The Land Acquisition Officer awarded land value only at the rate of Rs.100/- per Are, since acquired land was lying as a pathway. In fact the Land Acquisition Officer did not pay even the original compensation to the claimants directly. He sent a reference under Section 31(2) which was registered by the reference court as LAR No.73/03 and the reference was adjudicated and answered by the court finding that the pathway in question is a private pathway belonging to the claimant and that they are the absolute owners of the pathway. Accordingly, the entire amount deposited by the Land Acquisition Officer in the court was disbursed to the claimants. The present appeal arises from LARNo.42/2005 the corresponding reference Under Section 18. Under the impugned judgment, the learned subordinate Judge noticed that value of the similar properties (included in category (1) by the LA officer has been refixed at Rs.1,85,850/- per Are. We notice that the above rate has been approved by this court in other LA.A.No.565 of 2007 2 appeals relating to the other properties covered by the same acquisition. In fact considering certain appeals preferred by other claimants this court has granted enhancement also. But the subordinate Judge by the impugned judgment refixed the land under acquisition at the approved rate of Rs.1,85,850/-. We do not find any warrant for interfere with the impugned judgment. The appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE Skj.