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 JANUARY 2008 / 13TH POUSHA 1929 LA.App..No. 187 of 2006() ------------------------- LAR.411/2001 of ADDL.SUB COURT, THALASSERY .................... APPELLANT: IST RESPONDENT ------------------------- THE SECRETARY, JILLA PANCHAYATH, KANNUR. BY ADVS. SRI.C.KRISHNAN(KANNUR) SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENTS: CLAINANT & 2ND RESPONDENT --------------------- 1. R.M.R.RAMANATHAN, KEEZHPALLI RUBBER ESTATE EXECUTIVE DIRECTOR, WESTERN INDIA COTTONS, PAPPINISSERY. 2. SPECIAL TAHSILDAR, LA, THALASSERY, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT. K.R. DEEPA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. ---------------------------------------------------------------- L.A.A. NO. 187 OF 2006 ---------------------------------------------------------------- Dated this the 3rd day of January, 2008 JUDGMENT Harun-Ul-Rashid, J. The first respondent in L.A.R. No.411 of 2001 on the file of the Additional Sub Court, Thalassery is the appellant. The appeal is directed against the judgment and decree dated 6.10.2004 in L.A.R. No.411 of 2001. An extent of 10.1423 hectares of land in R.S. No.361 of Aralam Village belonging to the first respondent/claimant was acquired for rehabilitation of Paniyas in Aralam Village. Notification under Section 4 (1) of the Land Acquisition Act was published on 20.1.1999. The Land Acquisition Officer fixed land value at the rate of 48,100/- per hectare. In the claim statement filed before the reference court, the claimant contended that there was direct road access through the panchayat road to reach the acquired property and that the minimum land value for planted area was not less than Rs.2,50,000/- per acre and for bare land was not less than Rs.2,00,000/- per acre. The claimant also contended that the acquired land was a portion of a rubber estate with much future potentialities. In support of his claim, the claimant himself was examined as AW.1 and L.A.A.NO.187/2006 2 Ext.A1 was marked. The report submitted by the Commissioner was marked as Ext.X1. 2. The court below did not place reliance on Ext.A1 document finding that it was a post notification document. At the same time, the court below took the view that in order to fix the market value of the acquired land, the value shown in Ext.A1 document can also be taken into consideration since the said property is also situated in the same village. The court below relied on Ext.X1 commission report in which it is reported that on the western side of the acquired land, there was a private road inside the estate property, that there was a motorable panchayat road on the southern side of the acquired property and that the acquired land was about 3 kilometres away from Keezhpalli town. The Commissioner also reported that the property covered by Ext.A1 was lying at a distance of 300 metres away from the acquired land. 3. The claimant claimed Rs.2000/- per cent towards land value. The court below noticed the fact that the value reflected in the basic document is Rs.400/- per cent and that the acquisition was subsequent to the basic document. Considering the time gap between the basic document and the notification, the court below found that the land value fixed by the Land L.A.A.NO.187/2006 3 Acquisition Officer at Rs.200/- per cent is most unreasonable. Taking into consideration the value fixed in the basic document at Rs.400/- per cent, the reference court refixed land value for the acquired land at Rs.500/- per cent, which according to us, is just, fair and most reasonable. We, therefore, find no reason to interfere with the judgment and decree of the court below. In the result, the appeal fails and it is accordingly dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.187/2006 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A.NO187/2006 JUDGMENT 3RD JANUARY, 2008