IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 LA.App..No. 1184 of 2007() -------------------------- LAR.527/1994 of SUB COURT, MAVELIKKARA .................... APPELLANT(S): RESPONDENT: ------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SRI.BENNY VARGHESE RESPONDENT(S): CLAIMANT: ------------------------ K. GOPALAKRISHNA PILLAI, KARIKKATTIL, PILAPPUZHA MURI, HARIPPAD VILLAGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1184 OF 2007 = = = = = = = = = = = = = = = Dated this the 16th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Mavelikkara in LAR 527/94. In LAR 527/94 an extend of 0.15 Ares of dry land comprised in Sy.No.141/23 was acquired for the purpose under a notification. The land value was fixed at Rs.9,606/- per Are. The Land Acquisition Court enhanced the value to Rs.28,010/- and held that the claimants are entitled to the enhanced land value at the rate of Rs.18,404/-. The relied upon judgment is Ext.A1 which is the award in LAR 354/93. The land acquisition Court considered it and held that the land under Ext.A1 is very important and valuable than the land under reference. Therefore the Land Acquisition Court considered that award as a basis for preparing the land value and allowed 90% amount making a total of Rs.28,010/-. The learned counsel had brought to my notice a decision of the Division Bench of this L.A.A. 1184 OF 2007 -2- Court in LAR 1117/07. It was also a case wherein the Land Acquisition officer has awarded Rs.9,606/- per are and that has been enhanced to Rs.25,132/-. The learned Judges after considering the materials held that the land value has to be refixed at Rs.18,400/- per Are. I do not find any peculiar circumstances to deviate from that finding rendered and when it is so the additional land value would come to Rs.8,798/- per Are instead of Rs.18,404/- per Are. Therefore the appeal is partly allowed and the claimant is allowed to realise the enhanced value at the rate of Rs.8,798/- per Are for the land acquired with all the attending benefits conferred under the provisions of the Land Acquisition Act. The LAA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-