IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 LA.App..No. 709 of 2010() ------------------------- LAR.136/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS IN LAR -------------------------------- 1. STATE OF KERALA, REP. BY SPECIAL TAHSILDAR (LA), N.H.NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, N.H.(B) DIVISION, KODUNGALLUR. BY GOVERNMENT PLEADER SMT. LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT IN LAR ------------------------------ K.G.YOHANNAN, KALAPARAMBATH, KARUMALLOOR P.O., PARAVUR, POWER OF ATTORNEY HOLDER OF SMT.ROSAY VARKEY, D/O. KALAPARAMBATH JOSEPH, VISKEY COTTAGE, KARUMALLOOR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 709 of 2010 ----------------------------------------------- Dated this the 7th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. We are not inclined to entertain this appeal even though Smt. Latha T.Thankappan, Senior Govt. Pleader addressed very persuasive arguments. Property was in Cheranelloor Village. The acquisition was for National Highway 17. The Section 4(1) notification was published on 14-3-2002. The LAO included the property in category - I and awarded land value at the rate of Rs.1,08,800/- per Are. The Reference Court on evaluating the evidence which came on record re-fixed the land value at Rs.1,77,894/- per Are, thus awarding an enhancement of 63% to the claimant. Having gone through the impugned judgment and having taken into account the importance of the locality where the property is situated we are of the view that the Government cannot have any legitimate grievance regarding the re- -2- fixation. Appeal is dismissed. No costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-