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 5TH JULY 2010 / 14TH ASHADHA 1932 LA.App..No.77 of 2005(D) ----------------------------- LAR.306/2000 OF PRL. SUB COURT, KOZHIKODE --------- APPELLANT(S): RESPONDENT: ---------------------------------- STATE OF KERALA. BY SR. GOVT. PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT: --------------------------------- BHARATHI, KANNADAM VEETTIL, CHERUKKATTUTHAZHAM, NELLICODE, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.77 of 2005 ------------------------------------------------ Dated this the 5th day of July, 2010 JUDGMENT Pius C. Kuriakose, J This appeal by the Government pertains to acquisition of wetland in Nellicode village pursuant to Section 4(1) notification published on 28/05/98. The Land Acquisition Officer awarded land value at the rate of Rs.14,634/- per cent. The Reference Court under the impugned judgment on evaluating the evidence which consisted of documentary evidence of Exts.A1 and C1 and the oral evidence of PW1, re-fixed the land value at Rs.35,000/- per cent. Considering the judgments passed by us in other cases pertaining to L. A. A. No.77 of 2005 -2- acquisition of land for the same purpose in the neighbouring villages, we are of the view that the enhancement granted by the court is not excessive. At any rate, the Government cannot have any legitimate grievance regarding the enhancement granted under the impugned judgment. The appeal is dismissed, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-