IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 LA.App..No. 1762 of 2007() ------------------------------ LAR.62/2001 of SUB COURT, PAYYANNUR .......................................................... APPELLANT(S): 1ST RESPONDENT IN LAR ---------------------------------------------- STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, L.A., (OECF), KANNUR. BY GOVERNMENT PLEADER GOVERNMENT PLEADER SRI. BENNY VARGHESE RESPONDENT(S): CLAIMANTS & 2ND RESPONDENT IN LAR ------------------------------------------------------------------ 1.PUTHIYA PURAYIL SAROJINI, W/O. LATE P.P.GOVINDAN, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 2.PUTHIYA PURAYIL RAGINI, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 3.PUTHIYA PURAYIL RAJESH, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 4.RAJEEVAN, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 5.RAJANI, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 6.RATHEESH, PACHMOOLA, KOTTOOR DESOM, SREEKANDAPURAM AMSOM. 7.THE PROJECT OFFICER, OECF (KWA), MALAPPURAM, KOZHIKODE. ADV. SRI.K.S.MADHUSOODANAN FOR R1-R6 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR R1-6 SRI.THUSHAR NIRMAL SARATHY FOR R1-6 SRI.M.M.VINOD KUMAR FOR R1-6 SMT.K.M.RAMYA FOR R1-6 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ------------------------------------- L.A. APP. NO. 1762 OF 2007 ------------------------------------- DATED THIS THE 4TH DAY OF NOVEMBER, 2009 JUDGMENT This is an appeal preferred against the award of the Land Acquisition Court, Payyannur in L.A.R 62/01. The subject matter of reference is with respect to land value for 0.0107 hectares of land in Survey No.170/21 of Sreekandapuram Village. The Land Acquisition Officer awarded an amount of Rs.2,980/- per cent and it was against that order, the reference was made. The order has been considered by the Land Acquisition Court in pages 7, 8 and 9 of the award. The property acquired is about 500 meters away from the Sreekandapuram town. The claimant relied on A1 and A2 documents. In Ext.A1, the centage value is shown as 15775. Ext.A2 refers to a common judgment in L.A.R.7/2002 and 169/2001. 2. The said land is situated 2 kilometers away from the Sreekandapuram town. In that case, the Land Acquisition Court fixed the land value at Rs.8.169/- per cent and it has not been challenged. Here the property acquired is only 500 meters away L.A.A.NO.1762/2007 2 from the town and therefore the claimant has claimed an enhanced rate. The Land Acquisition Court after taking into consideration those aspects had fixed the land value at Rs.9,000/- per cent which by no stretch of imagination can, be held to be on the higher side. So far as the value of structures is concerned, the Court considered the matter and for each pillar granted Rs.500/-, making it a total Rs.18,000/-, that is an enhancement of Rs.4,000/-. 3.The Land Acquisition Court has considered the matter only in the correct perspective and arrived at a decision on the basis of valid documents and therefore the award does not call for any interference. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE SS