IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 LA.App..No. 512 of 2007 ------------------------- ( AGAINST THE ORDER DATED 15/12/2005 IN LAR.35/2003 of SUB COURT, VADAKARA ) APPELLANT(S): RESPONDENT. ------------------------- SPECIAL TAHSILDAR, L.A.KOYILANDY. BY GOVERNMENT PLEADER ADV. SHRI MOHAMMED ANZAR. RESPONDENTS/CLAIMANTS. ------------------------- 1. NELLIYULLA PARAMBATH DEVI, W/O.KELAPPAN, VATTOLI, KUNNUMMAL VILLAGE. 2. EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, KOZHIKODE. ADV. SRI.M.GOPIKRISHNAN NAMBIAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008 ALONG WITH LAA NO. 961 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ..................................................... L.A.A. Nos.512 & 961 OF 2007 ..................................................... Dated this the 6th November, 2008 J U D G M E N T Kurian Joseph, J: These appeals are filed challenging the common judgment in L.A.R.Nos. 35 and 36 of 2003. The acquisition was for the purpose of construction of Ground Level Reservoir at Kovakkunnu. The extent of land involved in L.A.R.NO. 35 OF 2003 (which is impugned in L.A.A. 512 of 2007) is 0.1263 hectors of garden land and total compensation of Rs. 49,739/- was paid. Alleging that the property is situated near to the important institutions, the claimant moved the Reference Court claiming a sum of Rs.15,000/- per cent. In L.A.R.No. 36 of 2003, the extent of land involved is 0.1290 hectors of garden land and a total compensation of Rs. 52,625/- was paid. Dissatisfied with the amount awarded, before the Reference Court claiming an amount of Rs.15,000/- per cent is claimed. 2. Before the Reference Court, the claimants produced Ext. A1 sale deed, relating to a transaction whereby the Secretary of Kunnummal Grama Panchayat purchased around 40 cents from one L.A.A. Nos.512 & 961 OF 2007 2 Santhosh. It has come out in evidence that the said property is situated one kilo metre away from the acquired lands referred to in these appeals. 3. Learned Government Pleader, referring to the evidence of A.W.1, submits that the acquired property is situated 2 Kms away from Ext. A1 property. But, it is an undisputed fact that the acquired property is situated one kilo metre away from Vattoli town, where there are important commercial institutions situated. The claimants had taken out an Advocate Commission and report of the Commission is marked as Ext.X1. According to the Report of the Commission, the acquired property would fetch a sum of Rs. 2,800/- per cent. There is no evidence for the respondent. Though the Reference Court also found that the acquired property and Ext. A1 property cannot be treated as equal in view of the distance, taking into account the fact that the location of the acquired property is only one kilo metre away from the town and it has by-road access and also taking into account the fact that Rs.2,800/- was fixed in respect of an extent of 40 cents of property purchased by the local authority, by permissible guess work, the value was fixed at Rs.2000/- per cent. In the absence of any evidence to the contra, we are of the view that there is no merit in the appeals and accordingly they are dismissed. L.A.A. Nos.512 & 961 OF 2007 3 I.A.No. 1540 of 2007 in L.A.A.No. 512 of 007 and I.A.No. 2350 of 2007 in L.A.A.No. 961 of 2007 are dismissed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk