Ramachandra Menon, J.
This appeal has been preferred by the State being aggrieved by the judgment and decree dated 25.7.2000 passed by the Principal Sub Court, Kozhikode in L.A.R.No.454/1997. An extent of 1.56 cents of garden land comprised in Re.Sy.No.206/3 in Thalakulathur Village in Kozhikode Taluk was acquired for formation of Calicut Byepass pursuant to Section 4(1) notification issued on 15.1.1993. The Land Acquisition Officer awarded the market value of the land as @5,102/- per cent which was enhanced by the reference court to 20,000/- per cent, which according to the appellant is on the higher side and hence is sought to be scaled down.
2. When the matter is taken up for consideration, the learned Government Pleader submits that, in respect of similar matters, a detailed judgment was passed by this Court on 30th June, 2010 in L.A.A.No.699 of 2000 and connected cases; L.A.A.No.408 of 2001 2 whereby, in respect of the land under the very same notification where the land value was fixed by the Awarding Officer as 5,102/- per cent, the same was re-fixed by this Court as 18,000/- per Cent. The learned Government Pleader also brought to the notice of this Court that in some other connected cases; particularly in respect of the appeal preferred against Ext.A1 judgment under the very same acquisition, the land value was enhanced by this Court in the cross-objection preferred by the party concerned fixing the same as 22,000/- per cent and since the amount awarded by the reference court in the instant case is only 20,000/- per cent, no further steps were pursued to collect the whereabouts of the legal heirs of the appellant so as to avoid further expenses. That apart, the extent of land being only 1.56 cents, no tangible benefit will be there considering the cost/expenses to be incurred in this regard.
3. But we note that after the admission of appeal on 24.7.2001, it was brought to the notice of this Court on 22.3.2004 that the first respondent was no more and hence the matter was adjourned for taking necessary steps. The appeal was L.A.A.No.408 of 2001 3 dismissed on 22.10.2007, but it was later restored on 21.11.2007. The fact remains that no steps have been taken in respect of the 1st respondent who bid farewell to this world more than a decade ago.
In the above circumstances, this Court finds that the matter has become abated and accordingly the appeal stands dismissed.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE Sd/-
ANIL K.NARENDRAN, JUDGE skj True copy P.A to Judge