IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 LA.App..No. 1364 of 2000(A) --------------------------- LAR.317/1994 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT: ---------------------------------------------- STATE OF KERALA BY SR.GOVERNMENT PLEADER BENNY VARGHESE RESPONDENT(S): CLAIMANTS: ------------------------------------------------ 1. SMT. LALITHA THULASI, MANAKATTIL VEEDU, ATTIPRA. 2. SRI. THANKAPPAN SURENDRAN, ...DO..DO..... ADDL.R3. G.VIJAYARAGHAVAN, CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARK, TRIVANDRUM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... L.A.A.No.1364 OF 2000 ............................................. Dated this the 24th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Trivandrum in LAR.No.317/1994. 3.80 Ares of land comprised in Sy.No.224/6 of Attipra village in Trivandrum taluk has been acquired. The land acquisition officer fixed the land value at Rs.4,031/= per are. The land is included in the 6th category. The claimants sought enhancement of the compensation relying upon Exts.A1 and A2 sale deeds. The learned land acquisition court held that Exts.A1 and A2 are properties lying near the public road whereas the property acquired in this case is situated in interior parts with no road frontage or no path way. Therefore, it refused to accept that contention, but at the request of the parties, it had taken into consideration the award in LAR.No.934/1994. It was also acquisition of 14.15 Ares of land for the very same purpose and the category was also very same as No.6. It is also recorded that, according to the land acquisition officer, the entire lands included in the 6th category are similar lands with : 2 : L.A.A.No.1364 OF 2000 similar advantages and potentialities and so uniform land value has been fixed in respect of those properties. The land acquisition court, on a consideration of the entire materials enhanced the land value from Rs.4,031/= to Rs.8,821/= per Are. So, it can be safely held that as the property belongs to the same category and had been acquired at a similar point of time and are having similar qualities, there is nothing in wrong in accepting the award passed in LAR.No.934/1994, that has been precisely done by the land acquisition court. I am also informed that LAA.No.379/2000 preferred against the said judgment had been dismissed on 19.9.2007. Therefore it has become final. So, no further requirement to consider this appeal. The appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.1364 OF 2000 M.N. KRISHNAN, J. . ........................................ .. L.A.A.No.1364 OF 2000 . ........................................ 24th February, 2010. J U D G M E N T