IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 LA.App..No. 197 of 2009(D) -------------------------- LAR.439/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 ----------------------------- STATE OF KERALA REP.BY THE SPECIAL TAHSILDAR, LA KOCHI CORPORATION, VYTTILA, KOCHI-19. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS AND 2ND RESPONDENT ------------------------------------------- 1. V.J.GEORGE,VALLUVASSERI(H)KADAVANTHRA.PO ELAMKULAM VILLAGE,C N 20. 2. V.J.ANTONY, VALLUVASSERI(H)KADAVANTHRA, C N 20. 3. V.J.STANLLY,VALLUVASSERI(H), KADAVANTHRA, C N 20. 4. V.J.JACOB, VALLUVASSERI(H),KADAVANTHRA, C N 20. 5. THE SECRETARY,CORPORATION OF COCHIN, ERNAKULAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.197 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. Strenuous submissions of Sri.P.K.Babu, learned senior Government Pleader notwithstanding, we are not inclined to admit this appeal. The appeal pertains to acquisition of 1.16 Ares of land in Elamkulam village for the purpose of widening of Sahodaran Ayyappan road. The relevant section 4(1) notification was published on 13/10/2004. The acquired property was situated between Vyttila junction and Elamkulam junction and was having direct frontage of the Sahodaran Ayyappan road on its southern side. Basis document relied on by the awarding officer was rightly found by the land acquisition court to be not dependable. The evidence on the side of the claimants consisted of Ext.A1 sale deed, Ext.C1 Commissioner's report, Ext.C1(a) sketch and the oral testimonies of AWs 1 to 3. Ext.C1 report to which objections were not filed by the government was to the effect that the acquired property had nearness to important LAA.No.197/09 2 junctions such as Vyttila junction, Elamkulam junction and various important institutions in the Cochin city. Ext.A1 was sale deed of the year 2002 in favour of Bharatiya Cellular Company. Ext.A1 reflected a land value of Rs. 7,00,000/- per cent in 2002. Learned Subordinate Judge did not become inclined to accept Ext.A1 completely. The learned Judge thought that Bharatiya Cellular Company had paid a slightly higher price than the prevailing market value in view of its need to have a plot of land by the side of Sahodaran Ayyappan road. Nevertheless the court below relied on Ext.C1 and C1(a) and the oral testimonies of AWs 1 to 3 and the irrefutable position that the basis document was not dependable and concluded that the correct market value of the acquired property as on the relevant date was Rs. 9,87,600/- per Are corresponding to Rs. 3,99,676/- per cent. In short, the court below fixed the market value of the acquired land in 2004 far below the market value reflected in Ext.A1. Having scanned the impugned judgment and having considered the submissions of the learned Government Pleader, we feel that it is more or less the correct market value of the acquired property at the LAA.No.197/09 3 relevant time - the price which will be paid by a willing purchaser to a willing seller - which has been arrived at by the learned Subordinate Judge. We do not find any warrant for interfering with the impugned judgment. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.197/09 4