IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 LA.App..No. 924 of 2009() ------------------------- LAR.207/2006 of ADDL.SUB COURT, THALASSERY .................... APPELLANTS/RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KANNUR. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KANNUR. BY GOVT.PLEADER SRI P.K. RAVIKRISHNAN RESPONDENT/CLAIMANT ----------------------- KOOVAKKAI KORAN, S/O.RAMMUNNI, "NIKUNJAM" CHALA WEST, THOTTADA P.O., KANNUR. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2706/09 IN LAA.NO.924//09 -------------- DISMISSED 7/9/2010 Sd/- HARUN-UL-RASHID, JUDGE. True Copy P.S. to Judge HARUN-UL-RASHID,J. ------------------------------ L.A.A.NO.924 OF 2009 ------------------------------- DATED THIS THE 7TH DAY OF SEPTEMBER, 2010 JUDGMENT Respondents in LAR.No.207/06 on the file of the Additional Sub Court, Thalassery are the appellants. The appeal is directed against the judgment and decree passed in the said LAR. 2. The property belonging to the claimant was acquired for the purpose of Chovv-Nadal by-pass road. Section 4(1) notification was published on 1/11/1997. The Land Acquisition Officer fixed the land value at the rate of Rs.4,980/- per cent. The reference court relying on Ext.A1 judgment in LAR.No.188/98 enhanced the land value at the rate of Rs.15,000/- per cent. The reference court found that the property under acquisition and the property in Ext.A1 are similar and similarly situated. The Commissioner also reported that the acquired land situates 100 metres away from chala bazaar. The -2- L.A.A.No.924/2009 property in Ext.A1 was also acquired for the very same purpose covered by the very same notification. Therefore, placing reliance on Ext.A1 the re-fixation of the land value in tune with the property covered by Ext.A1 judgment is justified in all respects. Moreover, it is submitted that the appeal (LAA.No.1514/08) preferred by the State against Ext.A1 judgment was dismissed confirming the judgment and decree passed by the reference court. In the result, the appeal fails and accordingly it is dismissed. HARUN-UL-RASHID, JUDGE. kcv.