IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 LA.App..No. 950 of 2010(B) ------------------------------- LAR.4/2006 of SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ----------------------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANTS & R2 IN LAR ------------------------------------------------ 1. SARADA AMMA, D/O.LAKSHMYKUTTY AMMA, SATHIPRIYA, MUTTADA, THIRUVANANTHAPURAM, PIN-695 025. REP. BY POWER OF ATTORNEY HOLDER C.BALACHANDRAN, 51 YEARS, SREE GOURI, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN-695 003. 2. THE EXECUTIVE ENGINEER, KSTP/PULAMON, KOTTARAKKARA. ADV. SRI.J.HARIKUMAR FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2011,ALONG WITH LAA NO.1059 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. Nos.950 & 1059 of 2010 ------------------------------------------------ Dated this the 30th day of June, 2011 JUDGMENT Pius C. Kuriakose, J These appeals by the Government pertain to acquisition of land in Pazhayakunnummel village for the purpose of upgradation of Thycode - Kottarakara State Highway. The Land Acquisition Officer awarded land value at the rate of ` 21,662/- per Are corresponding to ` 8,754/- per cent. It was mainly on Ext.A2 that the claimants relied on before the Reference Court. Relying on Ext.A2 and giving additions in view of the passage of two years time, the learned Sub Judge fixed the value of the lands at ` 75,000/- per cent. 2. Even though various grounds are raised in these appeals challenging what is described as the excessiveness L. A. A. Nos.950 & 1059 of 2010 -2- of the compensation re-determined by the Reference Court and Smt.T.T.Josephina, the learned Government Pleader addressed arguments based on those grounds we do not find warrant for interference. Having gone through the impugned judgment and having heard the submissions of the learned counsel for the respondent Sri.J.Krishna Kumar, and having keeping in mind our own other judgments pertaining to acquisition of land for the same purpose in other reaches of the same Highway, we feel that the rate of ` 75,000/- per cent presently fixed under the impugned award is not excessive. The appeal will stand dismissed however, without any order as to costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. Nos.950 & 1059 of 2010 -3-