IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 LA.App..No.1061 of 2001 (A) ---------------------------------- LAR.185/1999 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S)/ADDL. 2ND RESPONDENT: ------------------------------------------------- M/S BHARAT PETROLEUM CORPORATION LTD. IRIMPANAM, ERNAKULAM. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE RESPONDENT(S)/CLAIMANT & 1ST RESPONDENT: ----------------------------------------------------------- 1. SMT. CHANDRAMATHY, D/O KESAVAN, THACHARAPILLY, CC.30/1469, NEAR PONNURUNNI RAILWAY GATE, COCHIN - 682 019. 2. STATE OF KERALA, REP. BY SPECIAL TAHSILDAR (LA), KRL, VYTTILA, ERNAKULAM. ADV. SRI.P.R.DAMODARAN FOR R1 SRI.GEORGE K.VARGHESE SRI.P.R.DAMODARAN GOVERNMENT PLEADER - SRI. BIJOYCHANDRAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.1061 of 2001 ------------------------------------------------ Dated this the 29th day of June, 2009 JUDGMENT Pius C. Kuriakose, J The requisitioning authority is in appeal against the award of enhanced compensation towards value of the building which existed on the acquired land. It is seen that the learned Sub Judge has granted 50% increase over the building value awarded by the Land Acquisition Officer stating reason that the valuation has been made by the Land Acquisition Officer adopting the PWD schedule of rates. It is true that construction of buildings in accordance with PWD schedule of rates will not be a realistic proposition. But we are unable to approve the decision of the learned Sub Judge to grant 50% increase. Proper percentage L. A. A. No.1061 of 2001 -2- to be increased was 30% or 35%. However, we find that the total stakes in this appeal is only 35,037/-. We therefore, are not inclined to interfere with the impugned judgment. This appeal stands dismissed. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-