IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 LA.App..No. 2229 of 2008() -------------------------- AGAINST THE ORDER DATED 10/01/2007 IN LAR.75,211 & 269/06 IN LAR.258/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------- THE SPECIAL TAHSILDAR, (LA), RAILWAY, ERNAKULAM. BY GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENT(S): CLAIMANT & ADDL.RESPONDENT NO.2 --------------------------- 1. JOHN P.KURIAN, KARIATH GARDEN, RAILWAY STATION ROAD, MULANTHURUTHY 682 314. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. R1 BY ADVS. MR.ABEESH JOSE R2 BY MR.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.4866/2008 IN LAA. NO.2229/2008 CLOSED 09.12.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... L.A.A.No.2229 OF 2008 ............................................. Dated this the 9th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Ernakulam in LAR.No.258/2006. LAR.No.258/2006 relates to acquisition of 1.16 Ares of land comprised in Sy.No.194/7-43 of Mulanthuruthy village for the purpose of construction of a railway over bridge. The land acquisition officer awarded a compensation of Rs.63,275/=.It was included in category-2 and the land value was fixed at Rs.24,360/= per Are. In reference, the land acquisition court reduced it by giving 15% deduction to the land value inLAR.No.211/2006. The land in LAR.No.211/2006 is not similar and similarly situated to the land in LAR.No.258/2006 and even as per the claimants, the land value claimed in LAR.No.258/2006 is Rs.2 lakhs per cent whereas in LAR.No.211/2006 is only Rs. One lakh. The court considered the fact that the property of the claimants was having frontage of a panchayat road and acquired land forms part of the same land. So, taking into : 2 : L.A.A.No.2229 OF 2008 consideration all these aspects, 15% was deducted from the land value fixed for LAR.No.211/2008, that is the enhanced land value at Rs.67,582/= making a total enhancement of 6,39,325/=. The land Acquisition Court had considered the matter in the proper perspective and had arrived at the said decision taking into consideration totality of the materials available. Therefore, the award does not call for any interference and it is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.2229 OF 2008