IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 LA.App..No. 776 of 2009(D) -------------------------------------- LAR.261/1998 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER MR.SHYSON P.MANGUZHA RESPONDENT(S):CLAIMANT & RESPONDENT NO.2. -------------------------- GOPINATHAN NAIR,S/O.KRISHNA PILLAI, CHANGAVILA VEEDU,PUNUKANOOR CHERRY, ELAMPALLOOR VILLAGE,KOLLAM TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.2349/2009 IN LAA. NO.776/2009 CLOSED 14/12/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss. M.N. KRISHNAN, J. ........................................... L.A.A.No.776 OF 2009 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kollam in LAR.No261/1998. 00.40 Ares of land comprised in R.S.No.80/18 of Elampalloor village was acquired, for which the land acquisition officer fixed the land value at Rs.3,682/= per Are. The land acquisition court, on materials enhanced the land value by 65% that is Rs.2,393/= and awarded the compensation. The claimants relied upon Ext.A1 document dated 1.1.1986 by which 2.02 Ares of land was sold for a consideration of Rs.45,000/= which means Rs.22,277/= per Are. The land acquisition court on a consideration of the materials found that Ext.A1 property is not similar and similarly situated and the present property is not of that quality and especially the land in LAR.No.261/1998 did not even have a road frontage. After taking into consideration the potentiality of the land and other criteria, the land acquisition court enhanced the land value by 65%. : 2 : L.A.A.No.776 OF 2009 I do not find that it suffers from any infirmity. Considering the fact that the land acquired is only 00.40 Ares and enhancement is only Rs.2,393/= per Are being negligible, I do not propose to interfere with the judgment rendered by the land acquisition court. Therefore the appeal is dismissed, but it is made clear that it shall not be treated as a precedent in some other cases. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.776 OF 2009