IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 LA.App..No. 284 of 2007(A) ------------------------------ LAR.459/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT IN L.A.R. ------------------------------------------- STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR, (LA N.H.I), KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT --------------------------------- M.C.BRAHMA PRAKASH, PRAKASH BHAVAN, KARUVASSERY, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009, ALONG WITH LAA NO.196 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.284 of 2007 & L. A. A. No.196 of 2008 ------------------------------------------------ Dated this the 19th day of August, 2009 JUDGMENT Pius C. Kuriakose, J These are appeals preferred by the Government and the cases pertain to acquisition of land for the construction of Calicut bye pass. The relevant Section 4(1) notification was published on 13/07/93. The properties were in Vengeri village. The Land Acquisition Officer awarded land value at the rate of Rs.7107/- per cent in L.A.R. No.459/97 corresponding to L.A.A.284/2007 whereas in L.A.R.460/97 corresponding to L.A.A. No.196/08, the Land Acquisition Officer awarded land value at the rate of Rs.5331/- per cent. The Reference Court would L. A. A. No.284 of 2007 & L. A. A. No.196 of 2008 -2- uniformly re-fix the value of garden lands under acquisition to Rs.15,000/- per cent. For the wet lands under acquisition, the Land Acquisition Officer awarded land value at the rate of Rs.2964/- per cent. This was enhanced under the impugned judgment to Rs.6,000/- per cent. We notice that the claimant being aggrieved by the inadequacy of the compensation awarded by the Reference Court have preferred separate appeals and we are deciding these appeals preferred by the Government by this judgment. 2. Having gone through the impugned judgments and having considered the submissions of Sri.Basant Balaji, the learned senior Government Pleader and those of Sri.P.V.Kunhikrishnan, the learned counsel for the claimants, we are of the view that the L. A. A. No.284 of 2007 & L. A. A. No.196 of 2008 -3- enhancement granted under the impugned judgment by the Reference Court is not excessive. There is no warrant at all for interference at the instance of the Government. 3. These appeals preferred by the Government will stand dismissed. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-