IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 LA.App..No. 447 of 2008() ----------------------------------- LAR.353/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT/RESPONDENT --------------------------------------- THE STATE OF KERALA BY GOVERNMENT PLEADER SMT.REKHA C.NAIR. RESPONDENTS/CLAIMANTS ----------------------------------------- 1. MANIYAN NAMBOOTHIRI PARAMESWARA NAMBOOTHIRI, PULLAMVAZHI ILLAM, PILAPPUZHA HARIPPAD. 2. SMT. SREEKUMARI ANTHARJANAN, PULLAMVAZHI ILLAM, PILAPPUZHA, HARIPPAD. BY ADV. MR.BINOY VASUDEVAN, SMT.P.G.BABITHA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------------------------- L.A.Appeal No.447 of 2008 ------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Pius C.Kuriakose,J. Having considered the submissions addressed before us by the learned counsel for the parties, namely, Smt.Rekha C.Nair, the learned Government Pleader, Mr.N.B.Sunilnath, the learned standing counsel for the Railway and Mr.Binoy Vasudevan, the learned counsel for the claimant and having gone through the impugned judgment and having made a reappraisal of the evidence, we are of the view that the enhancement granted under the impugned judgment for the dry lands under acquisition cannot be said to be excessive. At the same time, we feel that the learned sub judge was not justified in granting 40% of the market value fixed for the dry lands to the wet lands under acquisition. The ratio LAA No.447/2008 2 fixed by the Land Acquisition Officer between the values of dry lands and wet lands should have been maintained substantially by the learned sub judge. On a better assessment, the market value of the wet land under acquisition can be re-fixed at Rs.4,500/- per Are. The result is that the appeal will stand allowed to the extent it pertains to the fixation of the value of wet lands under acquisition. The judgment under appeal is set aside and the value of wet land is re-fixed at Rs.4,500/- per Are. The impugned judgment will stand confirmed in respect of dry lands. The parties are directed to suffer the cost of the appeal. PIUS C.KURIAKOSE, JUDGE K.SURENDRA MOHAN, JUDGE LAA No.447/2008 3 css/