IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 LA.App..No. 1310 of 2005() -------------------------- (L.A.R.NO.15/2003 OF THE SUB COURT, KOTTAYAM) APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN RESPONDENTS: CLAIMANT --------------------- 1. P.J.SEBASTIAN, PLATHOTTATHIL HOUSE, NJEEZHOOR VILLAGE, KOTTAYAM DISTRICT. 2. ROSILY, W/O.SEBASTIAN, PLATHOTTATHIL HOUSE, NJEEZHOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.RAJEEV V.KURUP THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1310 of 2005 & C.M.Appln.No.1804 of 2005 ----------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT Kurian Joseph,J. Heard. Delay condoned. 2. The appeal is filed against the judgment and decree in L.A.R.No.15/2003 on the file of the sub Court, Kottayam. The acquisition is for the purpose of Muvattupuzha Valley Irrigation Project. 3. It is seen that the enhancement is only at 60% over and above the land value fixed by the Land Acquisition Officer. It is brought to our notice that in several cases this Court has sustained such fixation by granting enhancement at the rate of 60%. Therefore, the appeal filed by the State is dismissed. I.A.No.3679/2005 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1310 of 2005 & C.M.Appln.No.1804 of 2005 ---------------------------- JUDGMENT 21st January, 2008