IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940 LA.App..No. 534 of 2013 AGAINST THE JUDGMENT AND DECREE IN LAR 189/2008 of III ADDL.SUB COURT, ERNAKULAM DATED 03-11-2011 NAME AND ADDRESS OF THE APPELLANT/CLAIMANT: FRANCIS S/O.RAPHEL, MALIYEKKAL HOUSE, ERATTAKULANGARA ROAD, PACHALAM, COCHIN - 682 012. BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.M.G.ANON NAME AND ADDRESS OF THE RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REP. BY SPECIAL TAHSILDAR (L.A.), I.C.T.T., VALLARPADAM, PIN 682 031. 2 THE CHAIRMAN COCHIN PORT TRUST, W.ISLAND, KOCHI, PIN 682 003. ADDL.R3 IMPLEADED 3 NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY ITS PROJECT DIRECTOR, VII/511-B NEITHAL-MAVELIPURAM ROAD,KAKKANAD,KERALA-682030 IMPLEADED AS ADDITIONAL R3 VIDE ORDER DATED 3.1.19 IN I.A 2/18 IN LAA 534/13 R1 SRI.T.K.SHAJAHAN-SR.GP R2 STANDING COUNSEL FOR COCHIN PORT TRUST R3 BY ADV. SRI.THOMAS ANTONY, SC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LA.App..No. 534 of 2013 2 JUDGMENT R.Narayana Pisharadi, J This appeal arises out of the judgment dated 3.11.2011 passed by the Sub Court, Ernakulam in LAR No. 189/2008. 2. An extent of 38.35 Ares of land in Kadamakkudy Village, owned by the appellant, was acquired for the purpose of construction of four line connectivity road from Kalamassery to Vallarpadam. Notification under Section 4(1) of the Land Acquisition Act was published on 26.10.2005. The Land Acquisition Officer granted compensation for the land by fixing the value of the land at Rs.8,658/-per Are. The reference court enhanced the compensation for land by refixing the value of the land at Rs.38,403/- per Are. Dissatisfied with the award passed by the reference court, the claimant has filed this appeal. 3. We have heard learned counsel for the appellant, learned Government Pleader and also learned counsel for the third respondent, the requisitioning authority. LA.App..No. 534 of 2013 3 4. It is brought to our notice that in LAA No. 261/2011, relating to acquisition of similar land situated in the same village for the same purpose, this Court has refixed the value of the land at Rs.22,000/- per Are, by reducing the land value fixed by the reference court at Rs.1,16,630/- per Are. Therefore, there is no justification for the claim of the appellant for further enhancement of compensation. But, we take notice of the fact that the State has not filed any appeal against the judgment of the reference court in the instant case. The State has also not filed any cross-objection in this case. In such circumstances, the compensation granted to the appellant cannot be reduced on the basis of the judgment in LAA No.261/2011. The appeal is liable to be dismissed. Consequently, we dismiss the appeal. No costs. Sd/-V.CHITAMBARESH, JUDGE Sd/- R.NARAYANA PISHARADI, JUDGE lsn LA.App..No. 534 of 2013 4