IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 LA.App..No. 628 of 2003() ------------------------- LAR.174/1999 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.LATHA THANKAPPAN SRI.V.K.BEERAN, ADDL.ADVOCATE GENERAL RESPONDENTS: CLAIMANT --------------------- P.P.VASANTHY W/O. VISWANATHAN NAIR, VISWAPRABHA, KUDAMALOOR, AYMANAM. BY ADV. SMT.N.SUDHA DEVI FOR R1 SMT.R.ASALATHA VARMA FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A NO. 628 of 2003 ---------------------------------- Dated this the 31st day of July , 2008 JUDGMENT This appeal by the Government pertains to the acquisition of land in Aymanam Village in Kottayam District for the purpose of construction of parallel road to M.C.Road. The relevant section 4(1) notification was on 17.9.1995. The awarding officer granted land value at the rate of Rs.44,460/- per Are. The reference court would enhance the same at the rate of Rs.71136/- per Are. The reference court relied on Ext.A1 judgment in L.A.R. No.272/1999 of the same court. On going through impugned judgment it is seen that Ext.A1 was also in respect of the acquisition for the very same purpose pursuant to the very same notification. In fact in Ext.A1 also the land acquisition officer had granted the same value as given to the properties under acquisition. The learned subordinate judge cannot be blamed for having placed reliance on Ext.A1. The learned counsel would fairly concede that Ext.A1 has attained finality in as much as L.A.A. 1289/2002 filed by the Government L.A.A. No.628/2003 2 against Ext.A1 was dismissed by a Division Bench confirming Ext.A1. Confirmation of Ext.A1 should lead to confirmation of the impugned judgment also. The appeal fails and the same will stand dismissed. PIUS C. KURIAKOSE JUDGE dpk L.A.A. No.628/2003 3 PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A NO. 628 of 2003 ---------------------------------- JUDGMENT 31ST JULY 2008