IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 LA.App..No. 1066 of 2008() -------------------------- LAR.206/1993 of SUB COURT, KOZHIKODE .................... APPELLANT/1ST RESPONDENT: ------------------------------------ STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR(LA) KOZHIKODE. BY MR.BASANT BALAJI, SENIOR GOVERNMENT PLEADER RESPONDENTS/CLAIMANTS & 2ND RESPONDENT: ---------------------------------------------------------- 1. PATHIRIKKATTU BALAN, KARUVANTHIRUTHI, FEROKE. 2. PATHIRIKKATTU LAXMI, KARUVANTHIRUTHI, FEROKE. 3. THE INDIAN OIL CORPORATION LTD., FEROKE. BY MR E.K.NANDAKUMAR, ADVOCATE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, ALONG WITH LAA NO.1383 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: L.A.A.No.1066/2008 I.A.No.2383/2008 IN L.A.A.No.1066/2008 DISMISSED. Sd/- PIUS C.KURIAKOSE,JUDGE Sd/- C.K.ABDUL REHIM,JUDGE 18/01/2010 TRUE COPY P.A.TO JUDGE PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ ============================== L.A.A.Nos.1066 & 1383 of 2008 ============================== Dated this the 18th day of January, 2010 JUDGMENT PIUS C.KURIAKOSE,J. L.A.A.No.1066/2008 is filed by the State against the judgment and decree in L.A.R.206/1993. L.A.A.1383/2008 is filed by the Requisitioning Authority against the judgment and decree in L.A.R.179/1994. Both the L.A.R cases were in respect of acquisition of land in Karuvanthuruthi Village of Kozhikode Taluk for the purpose of setting up a bulk petroleum storage depot for Indian Oil Corporation as per 4(1) notification dated 20.08.1991. The Land Acquisition Officer awarded land value at the rate of Rs.13,689.97/- for garden land and slightly lesser rate for wet land. The reference court refixed the land value of garden land under the impugned judgment at Rs.37050/- per Are corresponding to Rs.15,000/- per cent. For the wet land the court refixed the land value at the rate of Rs.12,000/- per cent. Going through the impugned judgment what we notice is it is relying on judgments of this Court, that the above enhancement is granted. It is submitted by the learned counsel for the L.A.A.Nos.1066 & 1383/2008 2 Requisitioning Authority that this Court has approved the above rate of enhancement. Even otherwise also the land value refixed under the impugned judgment is by no means excessive. Appeals are dismissed of as above. No order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dvs