IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 LA.App..No. 293 of 2009() ------------------------- LAR.166/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT -------------- 1. STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. THE EXECUTIVE ENGINEER, NH DIVISION THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS --------------- 1. M.T.VARGHESE, TC 20/1654, ORIENT HOUSE KUNJALUMOODU, KARAMANA, THIRUVANANTHAPURAM. 2. EAPPEN THOMAS, TC 21/80, KARAMANA THIRUVANANTHAPURAM. 3. SHERLY EAPPEN, TC.21/80 KARAMANA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & K.SURENDRA MOHAN, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.293 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to admit this appeal which pertains to acquisition of land in Manacaud village pursuant to a notification under Section 4(1) published on 31/03/1999 for the purpose of widening of National Highway from Karamana to Killipalam. In this case, the land acquisition officer awarded land value at the rate of Rs.2,28,163/- per Are. The reference court on evaluating the evidence, which consisted mainly of Ext.A1 common judgment in six land acquisition reference cases which were in respect of the very same acquisition and the oral testimony of claimant as AW1 would refix the land value at the rate of Rs. 6,17,284/- per Are. It is noticed that there was absolutely no counter oral evidence adduced by the Government rebutting the testimony of AW1. Learned Government Pleader would submit that against the other cases covered by the impugned judgment, appeals have been preferred by the Government. But it is brought to our notice LAA.No.293/09 2 that this court has, in L.A.A.No.234/09, another case pertaining to the very same acquisition and pursuant to the very same section 4(1) notification wherein the land acquisition officer awarded the land value only at Rs. 20,774/- and the reference court had granted the same rate of enhancement as in the present case, approved such enhancement granted by the reference court. In other words, this court has already approved the same enhancement which is granted to a property which according to the land acquisition officer was inferior in quality to the acquired property in this case. In the above circumstances, the appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE K.SURENDRA MOHAN JUDGE sv. LAA.No.293/09 2