IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 LA.App..No. 243 of 2007(A) ------------------------------- LAR.177/2001 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... APPELLANT(S): RESPONDENT IN THE LAR ---------------------------------------------- STATE OF KERALA,REP. BY THE SPECIAL TAHSILDAR LA (GENERAL) ERNAKULAM, KAKKANAD, KOCHI-30. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS ---------------------------------- 1. SAKARIA C.M., CHEERAN HOUSE, HIGH ROAD IN FRONT OF GOVERNMENT B.H.S,ALUVA-1 2. LEELA SAKARIA, DO..DO... ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R.1,2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.243 of 2007 ------------------------------------------------ Dated this the 2nd day of November, 2009 JUDGMENT Pius C. Kuriakose, J Having regard to the submissions addressed by Smt.Latha T. Thankappan, the learned senior Government Pleader and also by Sri.George Varghese, the learned counsel for the claimants and taking into account the circumstances that Ext.A1 judgment rightly relied on by the Reference Court has attained finality, we are of the view that the impugned judgment and decree warrant interference only slightly and that too to the extent it pertains to award of additional compensation towards value of the building. According to us, the claimant is entitled for only L. A. A. No.243 of 2007 -2- Rs.1,40,000/- as additional compensation towards the building which existed on the acquired property. The land value enhanced by the Reference Court will stand confirmed. The additional compensation awarded towards building which existed on the property is re- fixed at Rs.1,40,000/- by modifying the court's award of Rs.1,54,697/-. The appeal will stand allowed only to that limited extent. In all other respects the impugned judgment is confirmed. The parties are directed to suffer their costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-