IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 LA.App..No. 204 of 2007() ------------------------- AGAINST THE DECREE AND JUDGMENT DATED 31.7.2004 IN LAR.124/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/RESPONDENT: ---------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER MR.P.K.RAVIKRISHNAN RESPONDENTS/CLAIMANTS: ------------------------------ 1. HARIDASAN, S/O.KUMARANASAN, SREE HARI, VADAKKE VEEDU, KILIKOLLOOR CHERRY, KOLLAM. 2. AMBIKA, D/O.KUMARANASSAN, SREE HARI, VADAKKE VEEDU, KILIKOLLOOR CHERRY, KOLLAM. ADV. MR.D.KISHORE FOR R1-2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 204 of 2007 ORDER ON I.A.NO.632/2007 IN L.A.A.NO.204/2007 DISMISSED. 20.5.2010 SD/- HARUN-UL-RASHID, JUDGE. // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ L.A.A.No.204 Of 2007 ---------------------- Dated this the 20th day of May, 2010. J U D G M E N T State of Kerala is the appellant. The extent of land acquired for the purpose of formation of national highway is 0.41 Ares of land. 4(1) notification was published on 12.11.1992. The land was taken possession on 7.6.1994. The Land Acquisition Officer fixed the land value at Rs.13,073/- per are. The reference court enhanced the compensation and re-fixed the land value at the rate of 29,296/- per are. The counsel for the respondent/claimant contended that the property acquired is having high potential value; the acquired property is situated just adjacent to Kollam-Perinadu PWD road which connects Kollam- Schenkotta road with Anchalumoodu-Kundara public road. The learned counsel also pointed out that several public and private institutions are situated very near to the acquired property. Considering the importance of the property, according to him, the land value fixed is reasonable and fair. 2. The reference court discussed the locational importance of the acquired property. Ext.A1 is the certified copy of the judgment in L.A.R.No.64 of 1996. The property covered L.A.A.No.204 Of 2007 ::2:: by Ext.A1 judgment was also acquired for the very same purpose. The reference court relying on Ext.A1 judgment held that the claimant is entitled to the same land value as awarded in Ext.A1. 3. Learned Government Pleader submitted that the appeal preferred against Ext.A1 judgment before this Court as L.A.A.No.884 of 2008 was dismissed and this Court confirmed the land value fixed by the reference court in that case. In the said circumstances, I am of the view that no interference in this case is possible. Learned Government Pleader also pointed out that the 12% interest on the enhanced land value should have been awarded from 12.11.1992 to 25.5.1994. The award of interest under Section 23(1)(a) of the Land Acquisition Act, from 7.10.1992 till 7.6.1994 is modified and corrected accordingly. In the result, the appeal is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-