IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 LA.App..No. 33 of 2002(C) ----------------------------- LAR.95/1994 of SUB COURT, CHERTHALA .................... APPELLANT(S): /RESPONDENT: ----------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): /CLAIMANTS: ------------------------------------ 1. KAIPARI JOSEPH, ALUMKAL, CHANDIROOR. 2. BANK OF INDIA, MATTANCHERRY. 3. JOMMY, S/O.KUNJAGASTHY, PADINJATTAZHATHU, EZHUPUNNA. 4. DASAN, MUMTHAS MEDICALS, CHANDIROOR. 5. V.T.BABU, VELIYIL, KUMBALAM. 6. RAPHEAL JOSEPH, PANNEKKATTIL, AROOR. 7. KUNJAPPAI, KILINANTHARA LEKSHAM VEEDU, CHANDIROOR. 8. K.MOIDEEN, I.T.AND S.T.PRACTITIONERS, CHANDIROOR. L. A. A. No.33/02 -2- 9. K.N.A.KARIM, SECRETARY, AROOR ANSARUL ISLAM SANGH, CHANDIROOR. 10. VAKKACHAN, CHOLANTHARA, AROOR. 11. SECRETARY, VELUTHULLY KARSHAKASANGAM, CHANDIROOR. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.33 of 2002 ------------------------------------------------ Dated this the 23rd day of October, 2009 JUDGMENT Pius C. Kuriakose, J Having gone through the impugned judgment, we are of the view that the enhancement granted by the Reference Court is not excessive. After all, the property was already enjoying the frontage of N.H.47 and the enhancement granted is only 54% over what was granted by the Land Acquisition Officer. Land value re-fixed is quite reasonable, according to us. The learned Subordinate Judge has granted enhancement towards value of building also. But the same is based on the Advocate Commissioner's Report to which there was no counter evidence. We do not find any warrant L. A. A. No.33 of 2002 -2- for interference. The appeal is dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-