IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 LA.App..No. 1251 of 2010 (C) ---------------------------------- LAR.9/2009 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENTS IN LAR ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA), N.H.NO.1, KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH (B) DIVISION, KODUNGALLUR. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS IN LAR ------------------------------------------ 1. SMT.THRESSIA, W/O.ANTONY THACHUTHARA, KALOOR, ELAMKULAM VILLAGE-682017. 2. SRI.JOSEPH, S/O.ANTONY THACHUTHARA, KALOOR, ELAMKULAM VILLAGE-682017. 3. ANTONY, S/O.ANTONY THACHUTHARA, KALOOR, ELAMKULAM VILLAGE-682017. 4. ANWAR, S/O.HAMSA, POONCHALIPARAMBIL, CHUTTUPADUKARA, EDAPPALLY-682024. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ. ------------------------------------------------ L. A. A. No.1251 of 2010 ------------------------------------------------ Dated this the 21st day of March, 2011 JUDGMENT Pius C. Kuriakose, J Though all the respondents have been served with notice, none of them have chosen to enter appearance before this Court by engaging counsel or otherwise. The property was in Edappally North village and was acquired for the development of National Highway-17 pursuant to Section 4(1) notification published on 14/03/02. The Land Acquisition Officer fixed the land value at the rate of Rs.2,33,700/- per Are. Under the impugned judgment, the Reference Court has re-fixed the land value at Rs.4,51,054/- per Are which amounts to enhancing the land value more than 93% over what was awarded by the Land Acquisition Officer. Smt.Latha T. Thankappan, the learned senior Government Pleader draws our attention to various judgments of this Court pertaining to acquisition for the same purpose in the same L. A. A. No.1251 of 2010 -2- village. We find merit in her submission that the maximum enhancement that we have approved is enhancement at the rate of 70%. We are of the view that the respondents are not entitled for enhancement at rate exceeding 70%. The above discussion means that the land value will stand re-fixed at Rs.3,97,290/- which we round off at Rs.3,98,000/-. Needless to mention that the respondents will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act on the re-fixed compensation. The appeal will stand allowed to the above extent only, however, without any order as to costs. PIUS C. KURIAKOSE JUDGE N. K. BALAKRISHNAN JUDGE kns/- L. A. A. No.1251 of 2010 -3-