IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 LA.App..No. 215 of 2007() ------------------------- LAR.122/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENT(S): CLAIMANT ----------------------- BHASKARAN AJAYAKUMAR ALIAS AJAYAKOSH, KOPPARA THEKKETHIL, KILIKOLLOR,MANGADU. ADV. VARGHESE PREM(NO MEMO) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.215 of 2007 ----------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed against the judgment and decree in L.A.R.No.122/1997 on the file of the Sub Court, Kollam. The acquisition is for the purpose of formation of National Highway Bye Pass. The extent involved is 4.82 Ares. Section 4 (1) notification is dated 11-11-1992. The Land Acquisition Officer, as per the award dated 7-11-1995, fixed land value at Rs.10,020/- and the reference court fixed it at Rs.22,450/-. Aggrieved the State has come up in appeal. 2. The reference court found that the property in Ext.A1 (judgment in L.A.R.No.64/1996) and the property under acquisition are for the same purpose and covered by the same notification. In Ext.A1 the Land Acquisition Officer awarded land value at Rs.11,022/- per Are, whereas in this case the Land Acquisition Officer awarded only Rs.10,020/- per Are. Therefore, following the same proportion the reference court fixed land value at Rs.22,450/- in the place of Rs.24,700/- fixed by the L.A.A.No.215 of 2007 -:2:- reference court in Ext.A1 judgment in L.A.R.No.64/1996. There is no evidence for the respondent. Since the fixation made by the reference court was based on the available evidence, particularly Ext.A1 which has become final, there is no merit in the appeal. It is accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.215 of 2007 ---------------------------- JUDGMENT 4th December 2008