IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 LA.App..No. 916 of 2010(D) -------------------------- LAR.322/2008 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR (LA) NH, NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLOOR. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT ----------------------- BAVA, S/O. MUHAMMED, THETTAYIL, KAVUMKARA, VELLORKUNNAM VILLAGE. ADV. SRI.M.A.ABDUL HAKHIM FOR R1 SRI.M.G.ANON FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A..No.916 OF 2010 ------------------------ Dated this the 8th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. The learned Government Pleader Smt.T.T.Josephina drew our attention to the judgment of this court in L.A.A. No.119/2010. According to her, under that judgment this court has approved enhancement by the Reference Court of the value of identical property by only 70% of the value awarded by the Land Acquisition Officer. 2. Sri.M.A.Abdul Hakim learned counsel for the claimant submitted that the learned Subordinate Judge was perfectly justified in relying on Ext.A1. According to him, Ext.A1 has attained finality at the hands of this court. The learned counsel drew our attention to the judgment of this court in L.A.A. No.1117/2009. 3. Having considered the rival submissions addressed at the Bar and having scanned the impugned judgment and having gone through our own judgment in L.A.A. No.1117/2009, we are L.A.A.No.916/2010 2 convinced that the learned Subordinate Judge was perfectly justified in relying on Ext.A1 judgment. Under our judgment in L.A.A. No.1117/2009, Ext.A1 has been confirmed. Under these circumstances, we do not find any warrant for interfering with the impugned judgment under which the market value of the land under acquisition is refixed at Rs.3,33,790/- per Are, thus granting enhancement by 110% over what was awarded by the Land Acquisition Officer. The appeal will stand dismissed, however without any order as to costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk