IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 LA.App..No. 530 of 2010() ------------------------- LAR.27/2004 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT IN LAR ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SPECIAL TAHSILDAR, L.A., KOZHIKODE. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 IN LAR ------------------------------------------------ 1. M.RAJAGOPAL, S/O.M.N.APPU, MANGAMADATHU PARAMBA, MARIKKUNNU P.O., KOZHIKODE. 2. THE SECRETARY, CALICUT CORPORATION. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 530 OF 2010 ------------------------ Dated this the 9th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. This appeal by the Government pertains to acquisition of land for the purpose of widening of Paroppadi - Kannadickal Road in Chevayur Village. Section 4(1) notification was published on 7/1/1997. The Land Acquisition Officer awarded land value at the rate of Rs.7,500/- per cent. The Court below, relying on Ext.A1 judgment in a connected matter and the report of the advocate commissioner, refixed the land value at Rs.50,000/- per cent. 2. Smt.R.Bindu learned Government Pleader submitted that the rate that has been granted under Ext.A1 judgment, which is apparently a case relating to the same acquisition, was only Rs.40,000/- and there is no justification for granting more than that. She, however, conceded that Ext.A1 has attained finality in this court. 3. The persuasiveness of the submissions of Smt.Bindu notwithstanding, we are not inclined to interfere. We find that L.A.A..No.530/2010 2 there was a clear report by the advocate commissioner on the basis of a local inspection of the acquired properties as well as the property covered by Ext.A1 judgment that the acquired properties were much superior to Ext.A1 property. It was on this reason that the court below granted Rs.10,000/- more. We notice that the commissioner's recommendation was that minimum amount of Rs.75,000/- should be awarded. The appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk