IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 LA.App..No. 331 of 2006() ------------------------- LAR.7/2002 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S)/ RESPONDENT: ------------------------- STATE OF KERALA, REPRESENTED BY DISTRICIT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/ CLAIMANT: ------------------------ P. PRASAD, MANJANATTU HOUSE, MARIATHURUTHU, AYMANAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.331 of 2006 ------------------------------------------------ Dated this the 25th day of September, 2009 JUDGMENT Pius C. Kuriakose, J The appeal need not be treated as defective since we are in a position to dismiss the appeal immediately on merits. 2. We do not find any reason to entertain this appeal any longer. The acquisition of land was for the purpose of parallel road to M.C. Road pursuant to Section 4(1) notification published on 17/09/1995. The Land Acquisition Officer awarded land value at the rate of Rs.44460/- per Are. Granting enhancement at roughly 60%, the court below awarded Rs.26676/- per Are more. It was relying on Ext.A1 judgment and L. A. A. No.331 of 2006 -2- taking into account the importance of the locality as could be discerned from the evidence of PW1, that the learned Subordinate Judge granted the above amount. 3. Having gone through the impugned judgment, we feel that it is more or less the correct market value of the property at the relevant time which has been arrived at by the learned Subordinate Judge. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-