IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 LA.App..No. 2273 of 2008() -------------------------- LAR.102/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. RESPONDENT(S): CLAIMANT & 2ND RESPONDENT ---------------------------------------- 1. M.NOOHUMAN, KATTUVILAKAM, NC MANZIL, ATTIPRA, THIRUVANANTHAPURAM. 2. THE CHIEF EXECUTIVE OFFICER, ELECTRONICS TECHNOLOGY PARK, (KERALA), KARIAVATTOM P.O., THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- L.A.A. No.2273 of 2008 ---------------------------------------------- Dated 2nd December, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the State aggrieved by the fixation of land value by the reference court - Sub Court, Thiruvananthapuram. The acquisition is for the purpose of Electronic Technopark. The fixation made by the Land Acquisition Officer is at Rs.11,812/- per Are and the reference court fixed it at Rs.18,000/- per Are. In view of the uncontroverted evidence of AW1, we find that the reference court is justified in including the entire property in 10th category, instead of including it partly under 10th category and partly under 15th category, as done by the Land Acquisition Officer. It has also come out from the mahazar that the whole property is lying as a compact plot within common boundaries. As far as land value in respect of 5th category of properties is concerned, the reference court has enhanced the value from Rs.35,435/- as fixed by the Land Acquisition Officer to Rs.54,000/- per Are, in Ext.A1 judgment in LAR No.158/98. It is brought to the notice of this court that the said judgment has become final. Applying the very same criterion, the reference court has enhanced the value of the 10th category properties by 50% and the value was fixed at LAA NO.2273/08 2 Rs.18,000/- per Are. Since the fixation thus made by the court following the same yardstick as in the case of fixation of land value for the properties included in the 5th category, we do not find any merit in the appeal. It is accordingly dismissed. I.A.No.5055/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- L.A.A. No.2273 of 2008 ---------------------------------------------- J U D G M E N T Dated 2nd December, 2008.