IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 LA.App..No. 309 of 2007() ------------------------- LAR.436/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): CLAIMANT ----------------------- OMANA PILLAI, KADAKKAMPALLI VEEDU, VADAKKEMURI, PORUVAZHY. ADV. SRI.JOHNSON GOMEZ THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.309 OF 2007 ............................................. Dated this the 19th day of November, 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.No.436/1997. The property having an extent of 1.58 Ares of land comprised in Sy.No.450/13 of Poruvazhi village, Karunagappally Taluk was acquired for the purpose of a canal. The Land Acquisition Officer fixed the land value at the rate of Rs.1,583/= and passed an award. Dissatisfied with the same, a reference was made and the reference court fixed the land value at Rs.11,745/= whereby enhancing it by Rs.10,162/= per Are. The learned subordinate Judge relied upon the judgments - Exts.A1 and A2 for the said purpose, which are the certified copies of the award in LAR Nos.116/86 and 126/86. It is seen from the award that no appeal has been preferred against those judgments. It is made mention of in para-8 of the award. For the properties covered under Ext.A1, the land value was fixed as Rs.1,598/= per Are by the Land Acquisition Officer, whereas for the present property, it was : 2 : M.A.C.A.No.309 OF 2007 fixed at Rs.1,583/= per Are. The Land Acquisition Court analysed the materials and came to the conclusion that the property covered under Ext.A1 is slightly superior to the property covered under this case and only granted a proportionate enhancement whereby he fixed the land value at Rs.11,740/= per Are. Since the relied on judgments - ExtsA1 andA2 have become final and as the properties are similar and similarly situated, the award of the Land Acquisition Court does not suffer from any infirmity and therefore, the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.309 OF 2007