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 31ST MAY 2011 / 10TH JYAISHTA 1933 LA.App..No. 621 of 2008() ------------------------------- LAR.12/2002 of SUB COURT, MANJERI .................... APPELLANT(S): IST RESPONDENT --------------------------------------- THE DISTRICT COLLECTOR, MALAPPURAM. GOVT.PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT AND 2ND RESPONDENT ------------------------------------------------------------- 1. KONNANCHERY PONNIKKATT ILLATH RADHA, D/O.RAMAN MOOSAD, ADRISSERY P.O., TIRUR. 2. ASSISTANT COMMISSIONER, SPECIAL CUSTOMS PREVENTIVE UNIT, KOZHIKODE. R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2011, ALONG WITH LAA NO. 772 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ORDER ON I.A. NO.1369/2008 IN L.A.A. NO.621/2008 DISMISSED 31/05/2011 SD/- PIUS C. KURIAKOSE, JUDGE SD/- N.K.BALAKRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- L.A.A.Nos.621 and 772 of 2008 ---------------------------------------------------- Dated this the 31st day of May, 2011 Judgment Pius C.Kuriakose, J. These appeals are preferred by the Government. They pertain to acquisition of land in Pallikkal Village for the purpose of construction of quarters for the Calicut Air Customs. The acquisition was pursuant to Section 4(1) notification published on 10.2.1999. The Land Acquisition Officer awarded land value at the rate of Rs.16,669/- per cent. The reference court, on evaluating the evidence, has actually refixed the land value at Rs.20,000/- per cent. However, when the operative portion of the judgments (which is a common judgment in 8 cases) and the decrees are perused, there is no room for confusion as to what is the enhancement actually granted by the court below. 2. Smt.Latha T.Thankappan, learned Senior Government Pleader and the Standing Counsel for the Calicut Air Customs submitted before us that on reading the judgments and the decrees, they understand that the land value was enhanced by LAA NOS.621 & 772/08 2 Rs.20,000/- per cent over and above what is granted by the Land Acquisition Officer. They would fairly submit before us that if the enhancement is confined to Rs.3331/- per cent, there will not be any serious grievance regarding the same. We have very carefully scanned the impugned judgment. We are convinced that the learned Subordinate Judge under the impugned judgment has only refixed the land value at Rs.20,000/- per cent, which means that the enhancement granted by the learned Judge under the impugned judgments and decrees is only Rs.3331/- per cent. It is clarified accordingly. In view of the above clarification, we dispose of the above two appeals. PIUS C.KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd LAA NOS.621 & 772/08 3 LAA NOS.621 & 772/08 4