IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 LA.App..No. 438 of 2009(D) -------------------------- LAR.323/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, NH DIVISION,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT ----------------------- C.RAJENDRAN, RAMA SADANAM, AZHAKULAM,VIZHINJAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A..No.438 OF 2009 ------------------------ Dated this the 21st day of May, 2009 JUDGMENT Pius C.Kuriakose, J. Strenuous and persuasive submissions of the learned senior Government Pleader notwithstanding, we do not find any warrant for interfering with the impugned judgment of the land acquisition reference court. The property was in Kovalam – Mukkola Reach 1. Thus it is clear that the property has already enjoying frontage of road. Relevant section 4 (1) notification was published on 25/3/2002. The land acquisition officer awarded land value at the rate of Rs.16,407/-. The evidence before the reference court on the side of the claimant consisted mainly of Extts.A1 and A2 sale deeds and the oral testimonies of AW1. No counter oral evidence was adduced by the claimant. The learned Subordinate Judge placed some reliance on Exts.A1 and A2 and has granted enhancement. Exts.A1 and A2 revealed land value at the rate of Rs.1 Lakh per cent. But the learned Subordinate Judge has granted only 42,000/- per Are, which L.A.A..No.438/2009 2 comes to only Rs.16,997/- per cent. Having gone through the impugned judgment, we are of the view that the enhancement granted is reasonable. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk