IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 LA.App..No. 414 of 2007 ----------------------------- LAR.131/1995 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT/RESPONDENT IN THE LAR --------------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR RESPONDENT/CLAIMANT IN THE LAR -------------------------------- FATHIMA, W/O.HANEEFA, PALLIPARAMBIL, NETTOOR. BY ADV. SRI.M.P.ABRAHAM (SR.) SRI.ABEESH JOSE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, ALONG WITH L.A.A. 433/2007 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. Nos. 414, 433, 493, 494, 543, 626, 632, 638, 680, 721, 725, 728, 730, 745, 789, 892, 899, 917 & 952 OF 2007 ----------------------------------------- Dated this the 5th day of February, 2008. J U D G M E N T Kurian Joseph, J. All the applications for condonation of delay are allowed. These are appeals filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Ernakulam. Acquisition is for the purpose of establishing E.E.C assisted agricultural market at Maradu. 2. The properties are situated in different categories. Aggrieved by the fixation of land value by the Land Acquisition Officer, the claimants approached the reference court. Before the reference court, they produced copy of the judgment in L.A.R.No.33/1997. It is seen from the common judgment under appeal that there was no objection on the part of the respondents in looking into the judgment in L.A.R.No.33/1997 and in fixing the market value based on the fixation made in L.A.A. No. 414/07 & conn. cases 2 L.A.R.No.33/1997. The reference court has also taken note of the fact that though L.A.R.No.33/1997 was once remanded, there was no evidence for either side. 3. Learned counsel for the GCDA submits that the Award in L.A.R.No.33/1997 has already been satisfied by settling the land value out of court. In L.A.R.No.33/1997, the reference court has placed reliance on L.A.R.No.142/1996 and the value fixed in that reference has also become final by judgment in L.A.A.No.950/2003. 4. Be that as it may, when the matters came up for hearing before us, we directed the learned Government Pleader to get instruction as to whether the property covered by these cases can be compared with the property covered by L.A.R.No.33/1997 and connected cases. Learned Government Pleader on instruction submits that though both sets of property cannot be said to be as such similar and comparable, in view of the comparative disadvantages of the property covered by L.A.R.No.33/1997 (nearness to a cemetery), and compared to the disadvantages of the acquired property having no road frontage, a comparison can reasonably be made between both sets of property for the purpose of fixation of land value. L.A.A. No. 414/07 & conn. cases 3 If that be so, the reference court is justified in looking into the value fixed in L.A.R.No.33/1997 and in fixing the value in respect of the various categories of property covered by the common judgment, based on the value fixed in L.A.R.No.33/1997. Therefore, there is no merit in these appeals and they are accordingly dismissed. All the interlocutory applications for stay are dismissed. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. No. 414/07 & conn. cases 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. Nos. 414, 433, 493, 494, 543, 626, 632, 638, 680, 721, 725, 728, 730, 745, 789, 892, 899, 917 & 952 OF 2007 J U D G M E N T 05.02.2008