IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 LA.App..No. 805 of 2009() ------------------------- LAR.39/2006 of SUB COURT, PALA .................... APPELLANT(S): 1ST RESPONDENT -------------- STATE OF KERALA, REP.BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN RESPONDENT(S): CLAIMANT: ------------------------ M.U.PADMANABHAN, S/O.UNTAL, CHEKIDIYIL HOUSE, PIRAYAR KARA, KIDANGOOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.805 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal pertains to acquisition of land in Kidangoor village for the purpose of widening of Poonjar-Ettumanoor Highway. The relevant Section 4(1) notification was published on 30-06-2004. Dry lands as well as wet lands were acquired. For dry lands, the land acquisition officer awarded land value at the rate of Rs. 5027/- per Are which was enhanced by the reference court by Rs. 19,973/- per Are. For the wet lands, the land acquisition officer awarded land value at the rate of Rs. 2283/- per Are. But the reference court on the basis of the evidence found that though described in the revenue records as wet lands, the lands were actually reclaimed lands. However, considering the superiority of original dry lands, the reference court enhanced the value of these lands only by Rs. 7717/- per Are . 2. Smt.Latha.T.Thankappan, learned Government Pleader would assail the judgment of the learned Subordinate Judge and submit LAA.No.812/09 2 that it is more than 300% enhancement over what was granted by the land acquisition officer which is now granted by the reference court. May be in terms of percentage, enhancement granted is considerable, but we notice from the judgment that the properties were already enjoying the direct frontage of Poonjar-Ettumanoor Highway. The acquisition was for widening of highway so that the Highway can be upgraded as state highway. The property is in Kidangoor which is at a distance of hardly 8 kms from Ettumanoor and Palai. Even, the refixed value according to us is more or less equal to the correct market value of the property as on 30-06-2004. The finding of the learned Subordinate Judge regarding the market value in our opinion is quite reasonable. We do not find any warrant for interference. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.812/09 2