IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 LA.App..No. 175 of 2009() ------------------------------- LAR.128/1995 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S):RESPONDENTS ------------------ 1. STATE OF KERALA REP. BY THE SPECIAL TAHSIDLAR, (LA) NH.NO.III VYTTILA ,KOCHI. 2. THE DIRECTOR , P.P.M CELL, EX-OFFICIO ADDL. SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENT(S):CLAIMANTS ---------------------------------- 1. ANNAMKUTTY, W/O.ROCKEY, KOLLAMPARAMBIL POONITHARA, (DIED) 2. K.C.ROCKEY, AGED 79 YEARS, KOLLAMPARAMBIL POONITHARA, (DIED) 3. K.R.ALEX, S/O. ROCKEY, KOLLAMPARAMBIL POONITHARA. 4. THANKAMMANI, @ MARIA THRESSIA D/O. ANNAMKUTTY KOLLAMPARAMBIL POONITHARA. 5. REJINA, D/O. ANNAMKUTTY , AGED 45 YEARS, AND W/O.JOSEPH,KUNNALAKATTU HOUSE MARADU P.O, MARADU VILLAGE. R3-5 BY ADVS. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs ORDER ON I.A. NO.517/2009 IN L.A.A. NO. 175/2009 DISMISSED 31/01/2011 SD/- HARUN-UL-RASHID, JUDGE /TRUE COPY/ P.A. TO JUDGE svs HARUN-UL-RASHID, J. ------------------------ L.A.A.No.175 Of 2009 ---------------------- Dated this the 31st day of January, 2011. J U D G M E N T State of Kerala and another are the appellants. The appeal is directed against the judgment and decree in L.A.R.No.128/995 of the Sub Court, Ernakulam. An extent of 0.80 Ares of land was acquired for the E.E.C Assistant Agricultural Market along with similar other properties. The land Acquisition Officer awarded Rs.19,086/- per Are for the acquired land. The acquired land was included in category No.6. 2. At the instance of the claimants the matter was referred to the reference court. The claimants claimed enhanced compensation on the basis of the judgment in L.A.R.No.116/1995. It was pointed out before the reference court that the property in L.A.R.No.116/1995 was also acquired under the very same notification for the very same purpose and was included in category No.6. The learned Judge on facts held that the acquired property which comes under category No.6 is similar in nature and importance as of the property in L.A.R.No.116/1995. The learned Judge also found that in ::2:: L.A.A.No.175 Of 2009 L.A.R.No.116/1995 the land value fixed by the Land Acquisition Officer at the same rate is enhanced to Rs.60,000/- per Are. Since the property are found to be similar in nature and importance the learned Judge passed the award holding that the claimants in this case are entitled to the same land value fixed in L.A.R.No.116/1995 and answered the reference re-fixing the land value at Rs.60,000/- per Are. 3. Learned Government Pleader pointed out that the decree and judgment in L.A.R.No.116/1995 challenged by the State in appeal filed as L.A.A.No.1055/2007 stands dismissed confirming the award passed by the reference court. In the facts and circumstances of the case the appeal is without any merit and accordingly, dismissed. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-