IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 LA.App..No. 1950 of 2008(B) -------------------------- LAR.6/1998 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S)/ CLAIMANT: ----------------------------- VASANTHAKUMARI, VADASSERIYIL VEEDU KILIKOLLOOR VILLAGE, MANGAD, KOLLAM. BY ADV. SRI.D.KISHORE RESPONDENT(S)/STATE: ---------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SRI. BENNY VARGHESE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 1950 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kollam in LAR 6/98. An area having an extent of 3.90 Ares of land comprised in R.Sy.no.599/29 and 30 was acquired for the purpose of formation of the National Highway Bye-pass, Kollam. This case along with LAR 92/97 and LAR 127/97 were tried jointly. Land Acquisition Court decided to give an enhancement by 60% in all these cases. 2. I had the opportunity to consider an appeal that had arisen from LAR 127/97 as LAA 2194/08. The two documents relied upon by the Land Acquisition Court were Exts.A1 and A2 where the enhanced value was at Rs.124.09%. I considered the evidentiary value of Exts.A1 and A2 along with the importance to be attached to the property, its potentiality and its nearness to important towns. After L.A.A. 1950 OF 2008 -2- considering the entire materials it was decided in the Land Acquisition Appeal mentioned above that the enhancement should be by 100% and not by 60%. Since the property in issue in the present appeal is also part and parcel of the same subject matter and as the lands are similar and similarly situated the entitlement is available to him also. Therefore the award under challenge is modified and a direction is given to grant a land value at the rate of 100% enhancement with attending benefits entitled to the claimant under the provisions of the Land Acquisition Act. The LAA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-