IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 LA.App..No. 719 of 2010(D) -------------------------- LAR.84/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... APPELLANT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA) NH.NO.1 KAKKANAD 2. THE EXECUTIVE ENGINEER, NH BRIDGE DIVISIONAL KODUNGALLUR. BY GOVERNMENT PLEADER SMT. P.N.SUMANGALA RESPONDENT(S): --------------- 1. AISYABI, W/O.LATE MUHAMMED ALI MAMMANCHERRIPARAMBIL, EDAPPILLY (N) CHUTTUPADUKARA KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. SHABEER, S/O.LATE MUHAMMED ALI MAMMANCHERRIPARAMBIL, EDAPPILLY (N) CHUTTUPADUKARA KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. SOUDA, D/O.LATE MUHAMMED ALI MAMMANCHERRIPARAMBIL, EDAPPILLY (N) CHUTTUPADUKARA KANAYANNUR TALUK, ERNAKULAM DISTRICT. 4. SHIJI, D/O.LATE MUHAMMED ALI MAMMANCHERRIPARAMBIL, EDAPPILLY (N) CHUTTUPADUKARA KANAYANNUR TALUK, ERNAKULAM DISTRICT. THIS LAND ACQUISITION APPEAL HAVIN COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- LAA. No. 719 of 2010 ----------------------------------------------- Dated this the 9th day of July, 2010 J U D G M E N T Pius C.Kuriakose, J. We are not inclined to entertain this appeal which pertains to acquisition of land in Edappally North Village for the purpose of National Highway 17 pursuant to Section 4 (1) notification published on 14-3-2002. The land acquisition officer awarded land value at the rate of Rs.1,19,150/- per Are. The Reference Court re-fixed the same at Rs.1,90,640/- per Are, thus granting 55% enhancement. The evidence before the L.A. Court was Exts.A1 and A2 and AW-1, apart from Exts.C1, C1(a) and R1 and R2. 2. Even though Smt. Sumangala, learned Govt. Pleader addressed strenuous arguments, having gone through the impugned judgment we are of the view that the Government cannot have any legitimate grievance regarding -2- the enhancement granted. The rate now fixed is certainly not above the market value of property at the relevant time. Appeal is dismissed. No costs. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-