IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 LA.App..No. 125 of 2011() ------------------------- (LAR NO.31/2008 OF THE SUB COURT, ERNAKULAM) APPELLANT(S)/RESPONDENT: -------------- 1. STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA) NH NO.1. KAKKANAD. 2. THE EXECUTIVE ENGINEER, NH B DIVISION, KODUNGALLUR. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S)/CLAIMANT: --------------- 1. P.M.ABOOBACKER, POWER OF ATTORNEY HOLDER OF AYSHA ABOOBACKER W/O. ABOOBACKER, POOTHAYIL, KAVUNGARA KARA, VELLOORKUNNAM, MUVATTUPUZHA. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A.No. 125 OF 2011 ------------------------ Dated this the 28th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. We are not inclined to entertain this appeal which pertains to acquisition of land in Edappally (N) Village for the purpose of construction of NH-17. The LAO included the property in category 6 as if the property did not enjoy road frontage. The advocate commissioner reported that unacquired portions of the claimant's property were enjoying road frontage and hence it had to be taken that the acquired property was also having road frontage. The learned Subordinate Judge accepted the advocate commissioner's report and upgraded the category of property into category 1. Thereafter, on evaluating the evidence, the value of the property was refixed at Rs.1,84,800/- per Are. 2. Having gone through the impugned judgment and having considered the submissions of Smt.Latha T.Thankappan, learned senior Government Pleader, we are of the view that the learned Subordinate Judge was justified in treating the LAA.No.125/2011 2 property to be in category 1. If the property is to be treated as in category 1, then the percentage of increase given is just 40%. We notice other judgments of this court approving enhancement at 70% above the rate granted by the LAO. Under these circumstances, this appeal will stand dismissed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk