IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 LA.A..No. 1721 of 2008(C) AGAINST THE JUDGMENT AND DECREE DATED 15.10.2007 IN LAR.NO.218/2003 OF SUB COURT, CHERTHALA APPELLANT : IST RESPONDENT STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW ADDL.ADVOCATE GENERAL RESPONDENTS: CLAIMANT AND RESPONDENT NO.2 1. K.V. UNNIKRISHNAN, S/O. VELAYUDHAN VAIDYAR, KOKKAPPALLIVELIYIL, PALLIPURM. 2. THE MANAGING DIRECTOR, K.S.I.D.C, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A.NO. 1721 OF 2008 C ------------------------------------------------------------- Dated this the 22nd September, 2008 JUDGMENT Kurian Joseph, J. This is an appeal filed by the State against the fixation of land value by the reference court, namely, Sub Court, Cherthala. The acquisition is for the purpose of Industrial Growth Centre, Pallippuram. Learned Government Pleader submits that having discarded Exts.A1 and A2, the reference court is not justified in granting enhancement. But, it has been noted that under the Land Acquisition Act, it is the court which fixes the land value. The Land Acquisition Officer's fixation is only an offer. The reference court found that the basic document referred to and relied on by the Land Acquisition Officer is executed two years' prior to Section 4(1) notification and hence enhancement to the tune of 25% was given and the land value was fixed accordingly. Such enhancement based on the time lag between the land value in the relied on document and Section 4(1) notification is a well accepted principle. It is not in dispute that connected matters have already been dismissed by this Court. Therefore, this appeal is also dismissed. L.A.A. NO. 1721 of 2008 :: 2 :: The Interlocutory Application for stay, I.A.No.3909 of 2008, is also dismissed. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/