IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 LA.App..No. 1557 of 2008() -------------------------- LAR.114/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA, SPECIAL TAHSILDAR (LA), RAILWAY, ERNAKULAM, KOCHI-16. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS & RESPONDENT NO.2 ------------------------------------------ 1. PRASAD K THUKALAN, THUKALAN HOUSE, KUREEKAD.P.O, THIRUVANKULAM. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 SRI.T.K.KOSHY FOR R1 SRI.T.A.RAJAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.1557 OF 2008 ------------------------ Dated this the 28th day of May, 2009 JUDGMENT Pius C.Kuriakose, J. On this appeal coming up for admission, Sri.T.K.Koshy, learned counsel for the first respondent has taken notice and we have heard the submissions of the learned senior Government Pleader Sri.P.K.Babu, Sri.M.C.Cherian, learned Standing Counsel for the Railways and Sri.T.K.Koshy. 2. The property was acquired for the purpose of doubling of railway track from Tripunathura to Mulanthuruthy pursuant to Section 4(1) notification published on 18/12/2003. The land acquisition officer awarded land value at the rate of Rs.23,704/- per cent, which was refixed by the reference court at Rs.33,148/- per cent corresponding to Rs.81,910/- per Are. In fact, under the impugned judgment, the learned Subordinate Judge has decided as many as three cases pertaining to acquisition for the same purpose and pursuant to the same notification. Let became evident by the oral evidence adduced by the claimants and also by the commission report that the properties were L.A.A..No.1557/2008 2 situated very near i.e. 150 meters away from Kureekad junction which has off late developed as a very important junction in that area. The documents put in evidence by the claimants were executed in favour of a church and those documents reveal much higher land value. The learned Subordinate Judge would make deductions taking perhaps into account the situation that the church which was eager to purchase the property, has paid slightly higher value than the market value prevailing in the locality. 3. Having carefully gone through the impugned judgment and having considered the submissions addressed at the Bar, we are of the view that it is more or less the correct market value of the property at the relevant time, which has been arrived at by the learned Subordinate Judge. We do not find any reason for interference. The appeal will stand dismissed. PIUS.C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk