IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 LA.App..No. 694 of 2008 (C) --------------------------------- LAR.202/2003 of SUB COURT, CHERTHALA .................... APPELLANT: 2ND RESPONDENT: -------------------------------------- KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, KOWDIAR P.O., THIRUVANANTHAPURAM BY ITS AUTHORIZED OFFICER GEOGI GEORGE, MANAGING DIRECTOR. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN RESPONDENTS: 1ST RESPONDENT AND CLAIMANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. 2. KOMALAVALLIYAMMA, KOPPIZHA HOUSE, PALLIPPURAM. ADV. SRI.G.D.PANICKER FOR R2 SMT.JEENA JOSEPH FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.694 of 2008 ------------------------------------------------ Dated this the 11th day of June, 2009 JUDGMENT Pius C. Kuriakose, J We have heard Sri.Krishna Mani, the learned counsel for the appellant and sri.Basant Balaji, Senior Government Pleader for the requisitioning authority as well as Smt.Jeena Joseph who appears on behalf of the second respondent/claimant. 2. We do not find any ground to admit this appeal. The properties under acquisition were mostly dry lands included in category 3 by the Land Acquisition Officer for which he has awarded land value at the rate of Rs.7,876/- per Are. Under the impugned judgment, the Reference Court has re-fixed the value at the rate of Rs.17,290/- per Are. In fact in L. A. A. No.694 of 2008 -2- most of the other cases involving properties in category 3, the Reference Court re-fixed the value at Rs.17,297/- which has been approved not only by this Court but also by the Supreme Court. In view of the finality attained to the re-fixation of land value at the rate of Rs.17,297/-, there is no reason at all for interfering with the impugned judgment to the extent it pertains to acquisition of dry land in category 3. 3. The same is the position as regards to Ares of wet lands in this case. For the wet lands, the Land Acquisition Officer awarded a land value at Rs.988/- per Are which was enhanced by the Reference Court under the impugned judgment to Rs.2,169/- per Are. We notice that in many other cases enhancement at the rate of Rs.2,169/- for similar wet land has been approved by this Court. L. A. A. No.694 of 2008 -3- 4. This appeal accordingly, will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-