IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 LA.App..No. 1007 of 2008() -------------------------- LAR.294/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): -------------- 1. THE STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR L.A. (N.H.) KESAVADASAPURAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,N.H.DIVISION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): --------------- NAZEEM, CHARUVILAKATHU VEEDU, KARUNGANOOR, KESAVADASAPURAM. ADV. SRI.R.S.KALKURA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2286/2008 IN LAA.NO.1007/2008 DISMISSED 2.12.2009. SD/= M.N. KRISHNAN, JUDGE. /TRUE COPY/ P.A.JUDGE. cl M.N. KRISHNAN, J. ........................................... L.A.A.No.1007 OF 2008 ............................................. Dated this the 2nd day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Trivandrum in LAR.No.294/2004. This case was tried along with LAR.No.322/2004. An area measuring 0.08 Ares of land comprised in R.Sy.No.97 of KowdiYar village was acquired for the purpose of widening of road from Kesavadasapuram to PMG reach-1. The Land Acquisition Officer fixed the land value at Rs.3,34,334/- per Are and awarded a compensation totaling Rs.39,244/=. Under reference, the Land Acquisition Court fixed the land value at Rs.6,10,493/=. It is against that decision, the State has come up in appeal. 2. A perusal of the award would reveal that the court below has relied upon the common judgment in LAR.Nos.11/2003 and 101/2003, which is marked as Ext.A3. It was also an acquisition for the very same purpose wherein the court after consideration of the materials enhanced the land value to Rs.6,10,493/=. So, it was on the basis of the same, the Land Acquisition Court enhanced the land value. : 2 : L.A.A.No.1007 OF 2008 As stated by me earlier, the State has preferred an appeal against LAR.No.322/2004 as LAA.No.1325/2008 and a Division Bench of this Court held that the appeal is covered against the Government by the judgment of this Court in LAA.No.764/2008. Accordingly that appeal was dismissed. 3. Similarly it can also be seen that one of the relied on judgments that is LAR.No.101/2003 was the subject matter of appeal as LAA.No.1689/2007 and a Division Bench of this Court had dismissed that appeal as well. So, it can be seen that one of the judgments covered under the common judgment has become final and also the relied on judgment has become final. The court has also taken into consideration importance of the locality, area and thereafter enhanced the land value. So, everything is in order and therefore, nothing requires interference. The appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : L.A.A.No.1007 OF 2008 : 4 : L.A.A.No.1007 OF 2008