IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 LA.App..No. 320 of 2007(D) --------------------------------- LAR.449/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): RESPONDENTS ------------------------------------- 1. THE STATE OF KERALA REP. BY SPECIAL TAHSILDAR(LA), THALASSERY. 2. CHIEF CONSERVATOR OF FOREST,(WL), THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANT --------------------------------- CHAKKALA KONOTH EMMANUEL, S/O CHELLAPPAN NADAR, KOTTIYOOR P.O. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.320 of 2007 ------------------------------------------------ Dated this the 30th day of June, 2009 JUDGMENT Pius C. Kuriakose, J We do not see any ground to admit this appeal which pertains to acquisition of land in Kottiyoor village for the purpose of providing Elephant Corridor. The Land Acquisition Officer awarded land value at the rate of Rs.1,000/- per Are which was enhanced by the Reference Court on the basis of the evidence which consisted of Exts.A1 to A4, AW1, R1, R2 and RW1 to Rs.2,470/- per Are. 2. It is fairly conceded by Sri.Basant Balaji, the learned senior Government Pleader that the enhancement at the same rates in identical cases has been approved by this Court. He also submitted that L. A. A. No.320 of 2007 -2- the Reference Court committed a mistake of not deducting the value which had been granted towards value of improvements by method of capitalisation of income while preferring the method of land value. If this is correct, mistake has been committed by the learned Sub Judge. We give liberty to the Government to apply to the learned Sub Judge to seek correction of the judgment and decree highlighting this aspect. 3. With this observation, this appeal is dismissed. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-