IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 LA.App..No. 1280 of 2007(D) --------------------------- LAR.149/2005 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): RESPONDENT: ------------------------- 1. STATE OF KERALA 2. EXECUTIVE ENGINEER, K.S.T.P, MUVATTUPUZHA. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS/RESPONDENT: ------------------------------------ MUHAMMED AYOOB, S/O.KUNJUMUHAMMED, KUNHITHACHALIL, EDAVILANGU. ADV. SRI.K.K.MOHINUDHEEN(NO VAK) THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1280 OF 2007 ------------------------ Dated this the 20th day of August, 2009 JUDGMENT Pius C.Kuriakose, J. This is an appeal preferred by the Government, who were aggrieved by refixation of the value of land under acquisition from Rs.1,93,845/- per cent to Rs. 10,0000/- per cent. The property was in Perumbavoor Village and was situated in the heart area of the Perumbavoor Municipal town abutting M.C.Road. Purpose of acquisition was widening of M.C.Road for KSTP project. The claimant/respondent produced documents Exts.A1 to A6 and examined witnessess AW1 to AW3. On the side of the Government, there was no counter oral evidence. The Government, however, produced Exts.R1 to R4 papers pertaining to the award file and Ext.R5 copy of the basis document. Ext.A2 was a pre notification document and was in respect of land situated immediately to the eastern side of the land under acquisition. Distance between Ext.A2 property and the acquired property, as reported by the Advocate Commissioner in Ext.C1, is only 50 feet. Ext.A2 revealed land value of Rs.10,00,000/- per cent. Of course, extent covered by Ext.A2 was not much. But, we notice that extent of the properties acquired were also not much. Having gone through the impugned judgment, we are of the view that despite the strenuous submissions of the learned senior Government Pleader Sri.Basant Balaji, there is justification for approving the enhancement granted under the impugned judgment. The land had commercial potentialities and was in fact situated in the main area of one of the bustling towns of the Ernakulam Revenue District. The appeal will stand dismissed. No costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk