IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 LA.App..No. 570 of 2004() ------------------------- LAR.8/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT: RESPONDENTS. ----------------------- 1. STATE OF KERALA. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. RESPONDENTS: CLAIMANT. ---------------------- SUKUMARAN UNNITHAN, S/O.GOPALA PANICKER, MADHAVA VILASOM, KOTTAMKARA AMSOM, KOLLAM. BY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2008, ALONG WITH L.A.A.No.591/2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.570, 591 & 605 of 2004 ----------------------------------------- Dated this the 27th day of February, 2008 JUDGMENT Kurian Joseph,J. Delay condoned in all these appeals. These appeals are filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Thrissur. The acquisition is for the purpose of setting up of industrial development plot. The Land Acquisition Officer fixed land value at Rs.2,525/- per cent after deducting 45% of the value shown in the basic document. The Reference Court, on the basis of evidence adduced by AW1 and AW2 and also referring to the report of the Advocate Commissioner Ext.X1 and on referring to Ext.A8 document, fixed land value at Rs.4,591/- per cent. It is to be noted that, that is the value shown in the basic document also. The Reference Court has correctly found that the deduction made by the Land Acquisition Officer from the value shown in the basic document is not supported by any valid grounds. Only if there is justifiable reason for an obvious differentiation with L.A.A.No.570, 591 & 605 of 200 4 -:2:- regard to similarity and comparability the value is to be reduced. The property is situated near to Mundur Junction, within 2 kms. from the State Highway. It has come out in evidence that Ext.A8 property is similar and similarly situated as that of the acquired land. For all the above reasons we find that the reference court has correctly and properly fixed the value of the acquired property. Therefore, there is no merit in the appeals. They are accordingly dismissed. The interlocutory applications for stay are also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.570, 591 & 605 of 200 4 ---------------------------- JUDGMENT 27th February, 2008