IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 110 of 2007(B) --------------------------------- (AGAINST THE JUDGMENT AND DECREE IN LAR 53/02 OF SUB COURT, THODUPUZHA. ............................ APPELLANT(S): RESPONDENT. ------------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY SR. GOVERNMENT PLEADER SRI.BEENY VARGHESE RESPONDENT(S): CLAIMANT. ------------------------ JOSEPH, S/O.DEVASIA, KUNNAMKOTTU, THODUPUZHA. ADV. SRI.ANIL GEORGE FOR R1 JOBY JACOB PULIEKEKUDY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 110 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Thodupuzha in LAR 53/02. 20 sq.mts. of land equivalent to 0.494 cents in S.N.823/2-7 of Manakkad village was acquired by the Government for widening the Thodupuzha – Ramamangalam Road. The Land Acquisition officer awarded a compensation of Rs.9,037/-, fixed the land value a Rs.27,900/- per Are equivalent to Rs.11,291/- per cent. The claimants sought for a reference on the ground that the property will fetch a value of Rs.90,000/- per cent. The claimant relied upon the judgment of the Court in LAR 16/01 which was marked as Ext.A1. After considering the entire materials the Land Acquisition Court fixed the land value and held that the claimant is entitled to get enhancement of land value at the rate of R.22,059/- per cent. It is against that decision the State has come up in appeal. L.A.A. 110 OF 2007 -2- It is submitted before me that a matter of the Subordinate Judge's Court, Thodupuzha relating to LAR 7/01 came up for consideration before this Court as LAA 701/09. In that case a reference was made to the relied upon judgment in LAR 16/01 in which the Land Acquisition Court fixed the land value at Rs.50,000/- per cent. The matter came up for consideration before this Court as LAA 16/95 which held that the value of the property should be Rs.50,000/- per cent. When the relied upon judgment which on appeal fixed the land value at Rs.50,000/- and as the property herein is of negligent extent I find that the award does not call for any interference. Therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-