IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 LA.App..No. 1900 of 2008(D) -------------------------------------- LAR.82/1994 OF THE ADDITIONAL SUB COURT,KOLLAM .................... APPELLANT/CLAIMANT: ---------------------------------- KAUSALIYA VIJAYAMMA, KOCHUTHERUVIL VEEDU, (SARITHA BHAVANAM), PANMANA. BY ADV. SRI.C.RAJENDRAN SRI.S.JOHN (KOLLAM) RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA , REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. 2. HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY THE SENIOR REGIONAL MANAGER THE REGIONAL OFFICE AT MATHAI MANJOORAN ROAD TATAPURAM ERNAKULAM, COCHIN-14. R1 BY GOVERNMENT PLEADER SRI.BENNY VARGHESE SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- L.A.A.No.1900 of 2008 ------------------------------------------ Dated, this the 8th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Subordinate Judge's Court, Kollam in L.A.R.No.82 of 1994. The market value of the land is fixed at Rs.7368/- per Are and Rs.1842 per Are. Therefore, the court below granted an enhanced market value of Rs.11826 with all other statutory benefits. It is against that decision the claimant has come up in appeal. 2. Large number of appeals were filed by the second respondent Hindustan Petroleum Corporation Limited and a Division Bench of this Court in the batch of cases in L.A.A.No.514 of 2004, etc. found that the matter has been compromised between the claimants and therefore, disposed of those appeals. L.A.A.No.632 of 2004 was against the order in L.A.R.No.103 of 1994. L.A.R.No.103 of 1994 is one of the cases including L.A.R.No.82 of 1994 which has been disposed of by a common award. A perusal of paragraph 22 of the award would reveal that the market value in L.A.R.No.103 of 1994 was also fixed as Rs.7368/- per Are and Rs.1842/- per Are . The Division Bench held thus: “Accordingly these appeals are disposed of as settled between the parties sustaining the land value and compensation as fixed by the reference court”. So the Division Bench had taken specific note of the value fixed by the land L.A.A.No.1900 of 2008 2 acquisition court and thereafter had sustained that finding and then had disposed of the appeals on the basis of the settlement between the parties. Large number of cases are disposed of by the trial court on the basis of common evidence, common documents and common value and, therefore, it would not be fair or proper on the part of this Court to inter meddle with the finding of such award and either decrease or enhance the compensation fixed by the land acquisition court. So, in the light of these materials, as well as on going through the award that it is a sufficiently satisfactory one, I hold that there is no ground to entertain this appeal. Therefore, the appeal is dismissed, but without costs. I direct the Hindustan Petroleum Corporation Limited to deposit the amount immediately, if not done, so that the claimant should atleast get the amount to which she is entitled under law. M.N.KRISHNAN, JUDGE vns