IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 LA.App..No. 858 of 2008(D) -------------------------- LAR.216/2003 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: CLAIMANTS & 2ND RESPONDENT: ---------------------------------------- 1. SMT.R.GEETHA, SREENILAYAM, TC.26/1651, PUTHEN CHANTHAI, PAZHAVANGADI, THIRUVANANTHAPURAM. 2. SMT. R.AMBUJAM, SREENILAYAM, TC.26/1651, PUTHEN CHANTHAI, PAZHAVANGADI, THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, THIRUVANANTHAPURAM INTERNATIONAL AIRPORT DEVELOPMENT SOCIETY, THIRUVANANTHAPURAM. BY THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.858 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 JUDGMENT Kurian Joseph,J. This appeal is filed against the judgment and decree in L.A.R.No.216/2003 on the file of the Sub Court, Thiruvananthapuram. An extent of 14.25 Ares of land was acquired for the construction of new International Passenger Terminal at Thiruvananthapuram. The Section 4(1) notification is dated 4-2-1999. The Land Acquisition Officer fixed land value at Rs.91,867/- per Are and the reference court fixed the same at Rs.1,37,801/- per Are. Though the claimant sought to place reliance on Ext.A1 document the reference court rightly rejected the same on the ground that the said document was executed after six years of the Section 4(1) notification. However, it was found by the reference court that the acquired property situated in an important locality. It has come out in evidence that the land is having road frontage to Chackai-Sangumughom road. The Vallakadavu-Vayamoola tarred road lies very near to the L.A.A.No.858 of 2008 -:2:- acquired land. There were several improvements also in the property. Considering the locational advantages and the potential for development of the acquired land, the reference court found that a reasonable enhancement in compensation was justified and hence granted the enhancement to the tune of 50% for and above the land value fixed by the Land Acquisition Officer. There was no contra evidence for the respondents. Since the reference court has thus fixed the land value based on the evidence available on record and also based on the locational advantage and potential for development, we do not find any merit in the appeal. It is accordingly dismissed. I.A.No.1931/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.858 of 2008 ---------------------------- JUDGMENT 27th May, 2008