IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 LA.App..No. 293 of 2006() ------------------------- LAR.273/1997 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S)/ RESPONDENTS ------------------------- 1. STATE, REP. BY SPECIAL TAHSILDAR, L.A.(GENERAL), SREEKANTESWARAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA, DRAINAGE DIVISION, PATTOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S)/ CLAIMANTS ------------------------ 1. MATHEW SIMON, TC.AA/1826, Y.M.R.JUNCTION, NANTHENCODE, THIRUVANANTHAPURAM-3. 2. RENJI SIMON, TC.11/1826, Y.M.R.JUNCTION, NANTHENCODE, THIRUVANANTHAPURAM-3. ADV. SRI.P.GOPALAKRISHNAN NAIR FOR R1 & 2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.293 of 2006 ------------------------------------------------ Dated this the 25th day of September, 2009 JUDGMENT Pius C. Kuriakose, J Heard both sides. This appeal pertains to acquisition of land in Kowdiar village for the purpose of constructing drainage pursuant to Section 4(1) notification dt.15/06/93. The Land Acquisition Officer awarded land value at the rate of Rs.24901/- per Are which was re-fixed by the Reference Court under the impugned judgment to Rs.1,62,500/- per Are. The above re-fixation was done by the learned Subordinate Judge mainly on the basis of Ext.A3. Ext.A3 was in respect of acquisition of a property lying adjacent to the property under acquisition. Ext.A3 was pursuant to L. A. A. No.293 of 2006 -2- notification in 1981 i.e. some twelve years earlier. What we find is that the court below has granted only a slight increase over the value which was given to Ext.A3 property in 1981. We do not find any warrant for interference. According to us, the rate fixed under the impugned judgment is certainly, at least equal to the correct market value of the property at the relevant time. The appeal will stand dismissed. No costs. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-