IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 LA.App..No. 1087 of 2008() -------------------------- LAR.317/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENTNO.1: ----------- STATE OF KERALA (SPECIAL TAHSILDAR (LA), INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM) REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENTS/CLAIMANTS & RESPONDENT NO.2: ------------- 1. RAJENDRAN,TC 31/1286, CHACKAI, PETTAH, THIRUVANANTHAPURM. 2. KOCHU THRESIA, THAZASSERY, MUDUMBIL VEEDU, TC 31/1410 (1),PETTAH VILLAGE, THIRUVANANTHAPURM. 3. MARY KUTTY, THAZASSERY, MUDUMBIL VEEDU, TC 31/1410 (1),PETTAH VILLAGE, THIRUVANANTHAPURM. 4. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM, INTERNATIONAL AIR PORT AUTHORITY, THIRUVANANTHAPURAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1087 OF 2008 ---------------------------------------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal filed by the State is directed against the judgment and decree in L.A.R. N o.317 of 2003 on the file of the I Additional Sub Court, Thiruvananthapuram. The matter relates to the acquisition of 0.88 sq. metres of land in Survey No.522/7 of Pettah Village for the purpose of expansion of New International Passenger Terminal at Chakkai. Section 4 (1) notification is dated 4.2.1999. The Land Acquisition Officer fixed land value at Rs.1,09,365/- per Are by including the land under Category No.X. The evidence in this case consists of the oral evidence of AW.1 and Ext.A1 marked on the side of the claimants and Exts.R1 to R6 marked on the side of the respondents. 2. According to the claimants, there are many important institutions and establishments in the vicinity of the acquired land and the potentiality of the land was not considered by the Land Acquisition officer while fixing the land value. The reference court found that Ext.A1 cannot be L.A.A.NO.1087/2008 2 relied on since the value of the land cannot be separated from the total sale consideration. The court below held that the land value awarded by the Land Acquisition Officer is inadequate for the reason that the officer did not take into account the potentiality of the land and its nearness to very many important institutions. The court below took into consideration the value shown in the basic sale deed and the location of the property for the purpose of redetermining the land value. The acquired land is situated on the adjoining side on the northern side of the bye pass road commencing from the National Highway bye -pass road to Chakkai-Vallakkadavu road, unlike the property covered by the basic document. In the circumstances, we find that the refixation of land value at the rate of Rs.1,50,000/- per Are is just and reasonable. In the result, the appeal fails and it is accordingly dismissed. I.A. No.2405 of 2008 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1087/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1087/2008 JUDGMENT 3rd July, 2008