IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 LA.App..No. 1478 of 2008(D) --------------------------- LAR.146/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 ------------------------------------------ 1. GEETHA.R., SREE NILAYAM, PUTHENCHANTHAI, PAZHAVANGADI MURI, PULIMOODU, THIRUVANANTHAPURAM. 2. RAGINI, "PRATHIBHA", T.C. 49/330 (NEW T.C. 62/2344), KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM. 3. PRATHIBHA T.R., D/O.RAJINI, PRATHIBHA" T.C. 49/330 (NEW T.C. 62/2344), KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM. 4. PRAVEEN KUMAR T.R., S/O.THANKAPPAN, PRATHIBHA, T.C.49/330 (NEW T.C.62/2344), KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM. 5. THE MANAGING DIRECTOR, INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. ADV. SMT.M.HEMALATHA FOR R1-4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ L.A.A.No.1478 OF 2008 ------------------------ Dated this the 16thday of September, 2009 JUDGMENT Pius C.Kuriakose, J. Sri.Basant Balaji, learned senior Government Pleader and Smt.M.Hemalatha, learned counsel for the respondent have addressed us in detail. The Land Acquisition Officer included a portion of the properties under acquisition in category 6 and awarded land value at the rate of Rs.74,105/- per Are. The remainder portion was included in category 9 and awarded value at the rate of Rs.39,900/- per Are. The Reference Court for excellent reasons stated in the judgment included both properties in category 6, since it was seen from the records that both the properties are separated from each other by a road only. According to us, the learned Sub Judge was justified in including the properties included by the Land Acquisition Officer in category 9, also in category 6. Thus in that way, it will be seen that the actual enhancement granted is only from Rs.74,105/- to Rs.1,00,000/- per Are. We do not find any LAA.No.1478/2008 2 warrant for interference with such enhancement. The appeal will stand dismissed. No costs. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk