IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 LA.App..No. 971 of 2008() ------------------------- LAR.309/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), RAILWAYS, ERNAKULAM. BY GOVT.PLEADER SRI.NOBLE MATHEW. RESPONDENTS: CLAIMANT AND 2ND RESPONDENT ---------------------------------------- 1. SMT.ANNAMMA VARGHESE, AUUNKERI, KUREEKKADU. 2. THE DEPUTY CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, ALONG WITH LAA 991 & 1433/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. Nos.971, 991 & 1433 of 2008 ---------------------------------------------- Dated 16th September, 2008. J U D G M E N T Kurian Joseph, J. These are appeals filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. The acquisition is for the purpose of doubling of railway track. The properties are situated in Kureekad village. Section 4(1) notification was published on 16.12.2004. The Land Acquisition Officer fixed the land value at Rs.23,704/- per Are and the reference court fixed it at Rs.1,22,265/- per Are. The properties are included in category No.1. The claimants mainly sought to place reliance on Exts.A3 and A4 documents. Ext.A3 is a sale deed executed in the year 2000, where the land value is Rs.96,360/- per Are. Ext.A4 is a sale deed executed in the year 2002 and the transaction shows land value at Rs.1,28,440/- per Are. The requisitioning authority, viz., Railways produced Ext.R31 document involving the purchase of a property by a Church for a sale consideration of Rs.1,22,265/- per Are. That document is executed on 10.8.2004. The property under acquisition lies just opposite to the property covered by Ext.R31 document and the LAA NO.971/08 & connected cases 2 Kureekad - Kottayathupara road divides these properties. In view of the above factual position, we find that the reference court has rightly entered a finding that the property covered by Ext.R31 document and the properties under acquisition are similar and similarly situated. It was also noted that Ext.R31 document involves an extent of 40 cents. Still further it was found by the reference court that the properties under acquisition are nearer to the Kureekad junction, when compared to the property covered by Ext.R31 document. It was in such circumstances only, Ext.R31 document executed on 10.8.2004 was relied on for the purpose of fixing the land value, in view of the undisputed location of the properties under acquisition nearer to the Kureekad junction, when compared to Ext.R31 document. The evidence available on record involving a transaction of a fairly large extent of property of 40 cents contemporaneously cannot be ignored in fixing the land value under the provisions of the Land Acquisition Act. Therefore, the fixation of land value on the basis of Ext.R31 document, based on the evidence of AW1 cannot be found to be excessive. Thus we do not find any merit LAA NO.971/08 & connected cases 3 in the appeals. They are accordingly dismissed. The stay petitions in the appeals are also dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. Nos.971, 991 and 1433 of 2008 ---------------------------------------------- J U D G M E N T Dated 16th September, 2008.