IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 LA.App..No. 1883 of 2008() -------------------------- LAR.197/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT:RESPONDENT ---------------------------- STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, LA, KOZHIKODE. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENT:CLAIMANT: --------------------------- AVEEKARA DINESAN, KRISHNALAYAM, NELLIKODE, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4187 OF 2008 IN LAA NO.1883 OF 2008 DISMISSED. 15.10.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1883 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 15th October, 2008 JUDGMENT This appeal by the Government pertains to acquisition of land in Nellikode Village in Kozhikode District for the purpose of widening of Pottammal-Manathalathazham road pursuant to a notification under Section 4(1) dated 24.12.1993. The Land Acquisition Officer awarded land value at the rate of Rs.13446/- per cent which was enhanced by the reference court to Rs.30,000/- per cent. It was mainly relying on Exts.A1 and A2 and the Commissioner's report Ext.C1 that the learned Subordinate Judge granted such enhancement. Ext.A1 was the appellate judgment pertaining to LAR No.280/94 and Ext.A2 was the judgment pertaining to LAR No.119/98. It was noticed that Exts.A1 and A2 were in respect of acquisition for the same village pursuant to another notification under Section 4(1) which was slightly earlier to the relevant Section 4(1) notification in this case. The comparability of Exts.A1 and A2 properties with the acquired properties in this case was reported by the Commissioner. Even after remand, the Government did not adduce any counter evidence. Having gone through the judgment, I am of the view that the learned Subordinate Judge was justified in relying on Exts.A1 and A2 which LAA No.1883/08 - 2 - had become final. In view of the finality attained by Exts.A1 and A2, there is no warrant for interference. The appeal fails and the same will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE