IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 LA.App..No. 1189 of 2003() -------------------------- LAR.79/2000 of SUB COURT, HOSDRUG .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA. RESPONDENTS: CLAIMANTS ---------------------- 1. E.KRISHNAN NAIR S/O. A. KAMMARAN NAIR, ARAMANA VEEDU, PEROLE. 2. SARASWATHY, DO.DO. BY ADV. SRI.K.RAJEEVAN SMT.T.SUDHAMANI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.No.1189 OF 2003 ---------------------------------------------- Dated 10th January, 2008. J U D G M E N T Kurian Joseph, J. This appeal is directed against the judgment and decree in LAR 79/2000 on the file of the Sub Court, Hosdurg. The acquisition is for the purpose of doubling of Railway track from Thrikkarippur to Uppala. Section 4(1) notification was published on 3.4.1997. The Land Acquisition Officer awarded the land value at the rate of Rs.2,857/- per cent. The reference court enhanced the value to Rs.12,000/- per cent. It is seen that such enhancement is based on the evidence available on record. The reference court has found that the acquired property is situated just 200 meters from the heart of Neeleswar town and that there are several public institutions in the vicinity. For the property with road access covered by Ext.A5 document, the land value was fixed at Rs.50,000/- per cent. However, in the case of the acquired property, there was no road access and the same is situated near to a Railway track. In that view of the matter, the reference court fixed the market value at Rs.12,000/- per cent. Since the said fixation is made on the basis of the evidence LAA NO.1189/03 2 available on record and also taking note of the fact that the acquisition is only of a small extent, involving enhancement to the tune of Rs.40,015/-, we do not find any merit in the appeal. It is accordingly dismissed. I.A.1162/2003 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NO.1189 OF 2003 ---------------------------------------------- J U D G M E N T Dated 10th January, 2008.