IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 LA.App..No. 1642 of 2007() -------------------------- LAR.334/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT: 1ST RESPONDENT IN LAR -------------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL RESPONDENTS: CLAIMANT & 2ND RESPONDENT IN LAR --------------------------------------------- 1. CHANDRA MUNDACHALIL DEEPNA, C/O DR. BHASKARAN, DEEPA BHAVAN, PERAVOOR. 2. THE MANAGING DIRECTOR, 'KINFRA', THIRUVANANTHAPURAM. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NO. 1642 OF 2007 ---------------------------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal is directed against the judgment and decree passed by the Additional Sub Court, Thalassery in L.A.R. No.334 of 2001. The State of Kerala is the appellant. This reference case was jointly tried along with two other cases and a common judgment was passed. The delay in filing the appeal is condoned. 2. The extent of land acquired is 10.32 Ares. Acquisition is for setting up an industrial infrastructure development centre. The Land Acquisition Officer awarded land value at the rate of Rs.4,116/- per cent for garden land and Rs.2,500/- per cent for wet land. AW.1 was examined on the side of the claimant and Exts.A1 and A2 were marked. No oral or documentary evidence was adduced on the side of the respondent. Ext.X1 is the commission report. The Commissioner reported that the acquired land is garden land lying on the southern side of Chonadam-Kunduchira road connecting the State highway. The Commissioner also reported that L.A.A.NO.1642/2007 2 the acquired land is just opposite to Rubco factory and it is a good residential and fast developing area. Considering the locality where the acquired land is situated and comparing it with the basic land, the reference court refixed the land value at the rate of Rs.6500/- per cent for garden land and Rs.3500/- per cent for wet land. Taking into account the importance of the acquired land and on a comparison of the property with the basic land, we are of the view that refixation of land value at the rates mentioned above is just, fit and proper. We find no reason to interfere with the refixation of land value by the reference court. In the result, the appeal fails and it is accordingly dismissed. I.A. No. 4259 of 2007 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1642/2007 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO 8TH FEBRUARY, 2008