IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 LA.App..No. 679 of 2009(D) -------------------------- LAR.17/2002 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. STATE OF KERALA REPRESENED BY THE SPECIAL TAHSILDAR, (LA), THALASSERY. 2. THE DIVISIOANL FOREST OFFICER, KANNUR. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): CLAIMANTS: ------------------------- URUMBIL SCARIA, S/O.PHILIP, URUMBIL HOUSE, P.O.VARAYAL, VIA.THALAPPUZHA, MANANTHAVADY TALUK. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.679 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2009 JUDGMENT Pius.C.Kuriakose, J. Even though Sri.Bijoy Chandran, learned Government Pleader has addressed us strenuously and persuasively, we are not inclined to entertain this appeal which pertains to acquisition of land with improvements in Kottiyoor village for the purpose of Elephant Corridor. The relevant Section 4(1) notification was published on 11-11-1999. The land acquisition officer awarded land value at the rate of Rs. 405/- per cent which was enhanced by the reference court to Rs. 1000/- per cent. Towards value of improvements, a sum of Rs. 16165 was awarded . The reference court would award an increase of 20% over the same. Thus awarding a further amount of Rs. 32330/- towards value of improvements. It is brought to our notice that refixation of land value from Rs. 405/- to Rs. 1000/- per cent has been approved by this court in other cases. Therefore, we do not find any warrant at all for interfering with the refixation of market value. As for LAA.No.679/09 2 refixation of value of improvements, what we find is that it is only only a nominal increase which has been given by the reference court based on evidence. The total amount of increase towards value of improvements is only Rs. 32330/- We are not inclined to interfere with the same. The learned Government Pleader would submit that the court below should have deducted the value of the standing space of the improvements from the total compensation. The above submission certainly has some appeal. But we feel that in the absence of any specific ground raised in that context in the memorandum of appeal, we will not be justified in accepting the same. The result is that the appeal will stand dismissed without any order as to costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.679/09 2