IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 LA.App..No. 105 of 2006 LAR.23/2003 OF SUB COURT, KASARAGOD APPELLANT: CLAIMANT: YAMAINA PASHA, W/O. MUHAMMED PASHA, RESIDING AT KAPPIL, UDUMA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: RESPONDENTS: 1. THE DISTRICT COLLECTOR, KASARAGOD. 2. THE MANAGING DIRECTOR, BEKAL RESORTS DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR (LA), KASARAGOD. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- L.A.A. NO. 105 OF 2006 A ------------------------------------------------------------- Dated this the 25th November, 2008 JUDGMENT Kurian Joseph, J. This appeal is filed by the claimant aggrieved by the fixation of land value by the Reference Court, namely, Sub Court, Kasaragod in L.A.R.No.23 of 2003. The acquisition is for the purpose of Bekal Tourism. An extent of 12.5 cents of land in R.S.No.154/4 of Uduma Village was acquired. Section 4(1) notification was issued on 4.8.2002. The Land Acquisition Officer fixed the land value at Rs.5,896/- per cent. The Reference Court fixed the land value at Rs.25,000/- per cent. Aggrieved by the same, the claimant has filed the appeal. 2. The claimant sought to rely on Exts.A1 to A7 documents. We have also taken note of the Commission report Ext.X1. It has come out in evidence that the basic property is situated far away from the acquired property. It has also come out in evidence that at the relevant time, the land value was around Rs.50,000/- per cent. It is to be noted that, even according to the Reference Court, the prevailing land value in the locality was around Rs.50,000/- per cent and still, the land value was fixed at only Rs.25,000/- per cent. The claim is for Rs.40,000/- per cent. It is L.A.A. NO.105 OF 2006 :: 2 :: seen from Ext.A4 document, relating to acquisition of land having an extent of 20 cents, that the land value is Rs.35,000/- per cent. Ext.A4 document was executed on 1.11.2001. Ext.A6 document, executed on 3.4.2002, is related to acquisition of five cents of land, wherein the land value is Rs.50,000/- per cent. The present acquisition is for having an extent of 12.5 cents of land. There is no dispute regarding similarity and comparability of the acquired property and the property covered by Ext.A4. Section 4(1) notification is dated 4.8.2002. Therefore, we feel it just and reasonable to add 10% to the value of Ext.A4 document. Thus the value can be fixed at Rs.38,500/- per cent. The appellant shall be entitled to fixation of land value at Rs.38,500/- per cent with all consequential and statutory benefits. The amount already received shall be adjusted. The Land Acquisition Appeal is allowed partly. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/