IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 LA.App..No. 1544 of 2008() -------------------------- LAR.194/2005 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): APPELLANTS/RESPONDENTS ------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR,(LA)KAKKANAD NH NO-1 2. THE EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES DIVISION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS ------------------------ 1. PHILIP KURUVILA, 61-A DAKSHINA PARK, 10TH ROAD, JUHU STREET, MUMBAI - 400049. 2. SANKARA NARAYANAN, M.P.B.NO.21530, SAFAT, KUWAIT, (C.JOY POWER OF ATTORNEY HOLDER OF 2ND CLAIMANT) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 1544 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. It is reported to us that Ext.A3 judgment relied on by the reference court has been approved by this court by dismissing L.A.A.No.149/08 which was filed against Ext.A3. Even otherwise, we do not find any ground to entertain this appeal which pertains to acquisition of land for the construction of Chittoor-Kothad Bridge pursuant to Section 4(1) notification dated 16-11-2002. The land acquisition officer awarded land value @ Rs.32,680/- per Are which was enhanced by the reference court to Rs. 89,053/- per Are. Having gone through the impugned judgment, we find that the court held that the acquired property was entitled to be included in a superior category. The above finding of the court is based on the Commissioner's report and in our opinion, justified. Having analysed the impugned judgment, we are of the view that it is more or less the correct market value at the relevant time which has been arrived at by the learned Subordinate Judge. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE LAA.No.1544/08 2 sv. LAA.No.1544/08 2