IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 1018 of 2008(D) --------------------------- LAR.187/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVT. PLEADER SRI.MOHAMMED ANSAR K.J. RESPONDENTS: CLAIMANT AND 2ND RESPONDENT. ----------------------------------------- 1. SRI.THOMAS, NJALIATH HOUSE, KUREEKKADU. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH LAA 1179/08 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. Nos.1018, 1179, 1207 & 1366 of 2008 ---------------------------------------------- Dated 16th September, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. The acquisition is for the purpose of doubling the railway track. Section 4(1) notification is dated 18.12.2003. The properties are situated in Kureekad village, near to Kureekad junction. The properties are included in category No.1. We have already held, in the common judgment in LAA 971/08 and connected cases that the fixation of land value at Rs.1,22,265/- per Are is just and proper. The properties involved in those appeals are also acquired for the very same purpose, but Section 4(1) notification was published on 16.12.2004. In view of the time lag of one year, going by the accepted principle of 15% enhancement in the land value, the reference court deducted 15% since the notification is dated 18.12.2003, and fixed the land value at Rs.1,03,925/- per Are. For parity of other reasons stated LAA NO.1018/08 & connected cases 2 in the common judgment in LAA 971/08 and connected cases, we do not find any merit in these appeals. They are accordingly dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. Nos.1018, 1179, 1207 & 1366 of 2008 ---------------------------------------------- J U D G M E N T Dated 16th September, 2008.