IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 LA.App..No. 971 of 2007() ------------------------- LAR.56/2001 of SUB COURT, CHERTHALA .................... APPELLANT: 2ND RESPONDENT ------------------------- THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.V.JAYAPRADEEP, SC, KSIDC RESPONDENTS: CLAIMANT/1ST RESPONDENT ------------------------------------ 1. GOVINDAN RAVEENDRAN NAIR, SAROJAMANGALAM, PALLIPPURAM, CHERTHALA. 2. KERALA STATE REP. BY THE SPL. TAHSILDAR(LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA. BY ADV. SRI.G.D.PANICKER FOR R1 SMT.JEENA JOSEPH FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.971 of 2007 ----------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the requisitioning authority against the judgment and decree in L.A.R.No.56/2001 on the file of the Sub Court, Cherthala. The acquisition is for the purpose of Industrial Growth Centre at Pallippuram. The extent involved is only 3.24 ares. The Land Acquisition Officer fixed the land value at Rs.7,876/- per are. The reference court fixed it at Rs.17,297/- per are. Sri.Jayapradeep, learned Standing Counsel appearing for the KSIDC submits that even according to the reference court Ext.A2 post notification document cannot be relied on since the purchaser is a hospital who owns the neighbouring property and the purpose of the purchase is for construction of hospital quarters. Admittedly a fancy price is fixed at the rate of Rs.25,000/- per cent. Going by the purpose of the purchase the value cannot be relied on. According to the learned Standing Counsel the value fixed based on the basic document should not L.A.A.No.971 of 2007 -:2:- have been discarded by the reference court. The discard apparently is only on the ground that the property is 'velipurayidam', that is, barren land. According to the Standing Counsel it is not barren land. It is dry land. Be that as it may, learned counsel for the claimant submits that the land value fixed by the reference court at the rate of Rs.17,297/- per are has become final in L.A.R.Nos.29, 30 and 45 of 2001, since the Supreme Court dismissed the special leave petition. There is no dispute that the property under acquisition and the property covered by L.A.R.Nos. 29, 30 and 45 of 2001 are similar and similarly situated. The land value thus having become final in L.A.R.Nos.29, 30 and 45 of 2001, the fixation of land value in the instant case at Rs.17,297/- per are cannot be said to be excessive. Thus there is no merit in the appeal. It is accordingly dismissed. I.A.No.2374/2007 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.971 of 2007 ---------------------------- JUDGMENT 6th August, 2008