IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 LA.App..No. 1126 of 2007() ----------------------------------- LAR.5/2004 of ADDL.SUB COURT, NORTH PARAVUR .................... APPELLANT(S)/ADDL.2ND RESPONDENT. :- ---------------------------------------------------------- KOCHI REFINERIES LTD., (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY). BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT. :- ------------------------------------------------------------------------ 1. PAULOSE, S/O. VARGHESE, KOTTAKADAPATH, PANGODE P.O. 2. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD, VYTTILA. R1 BY SRI.T.P.MURALEEDHARAN R2 BY GOVT.PLEADER SMT.T.T.JOSEPHINA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------- L.A.A. No.1126 of 2007 ------------------------------ Dated this the 25th day of January 2011 J U D G M E N T N.K.Balakrishnan, J. Requisitioning authority is the appellant. The property involved in this case having an extent of 5.41 Ares in Puthencruz village was acquired for the purpose of increasing the refining capacity of the Cochin Refinery - the appellant. The Land Acquisition Officer fixed land value at the rate of Rs.2,600/- per Are. Before the Reference Court the claimant produced Ext.A1, certified copy of document No.7048/95 and relying upon that document, the land value was refixed at Rs.6,912/- per Are. 2. The appellant contends that in similar matters covered by the very same notification, high level land which can be classified as “Chira” also the Land Acquisition Officer has fixed land value at the rate of Rs.5,500/- per Are. But this Court has refixed the land value in respect of such identical lands granting enhancement by 50%. L.A.A. No.1126 of 2007 -: 2 :- 3. In the impugned judgment acquired land was classified as high level wet land (Chira). As stated above the land value refixed by the Reference Court was Rs.6,912/- per Are. Since this Court has already fixed the land value at 50% above the land value of Rs.5,500/- fixed by the L.A.Officer, in connected cases, it can be seen that the land value fixed by the Reference Court is not above the said rate approved by this Court. We notice that the connected appeals were dismissed by this Court approving the rate mentioned above. As such, we find no merit in this appeal, it is accordingly dismissed. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt