IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 LA.App..No. 75 of 2008() ------------------------ LAR.143/2003 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANTS ------------------------ 1. KATHRI, W/O.AVIRAH VARKEY, MAMOOTTIL, KURUMULLOOR KARA, KANAKARI VILLAGE, MEENACHIL TALUK. 2. ABRAHAM GEORGE, S/O.AVIRAH VARKEY, MAMOOTTIL, KURUMULLOOR KARA, KANAKARI VILLAGE, MEENACHIL TALUK. 3. BABU GEORGE, S/O.AVIRAH VARKEY, MAMOOTTIL, KURUMULLOOR KARA, KANAKARI VILLAGE, MEENACHIL TALUK. 4. JESSY GEORGE, D/O.AVIRAH VARKEY, MAMOOTTIL, KURUMULLOOR KARA, KANAKARI VILLAGE, MEENACHIL TALUK. 5. JIJI GEORGE, W/O.AVIRAH VARKEY, MAMOOTTIL, KURUMULLOOR KARA, KANAKARI VILLAGE, MEENACHIL TALUK. ADV. SRI.B.KRISHNA MANI FOR R2 SRI.MAHESH ANANDAKUTTAN FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.75 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal pertains to acquisition of land in Kanakkari village in Kottayam district pursuant to Section 4(1) notification published on 02/01/2002. The land acquisition officer awarded land value at the rate of Rs. 7540/- per Are including the property in category 4 i.e. dry lands without road frontage. The learned Subordinate Judge relied on the oral evidence of PW1, the Commissioner's report and the evidence of PW2, the Commissioner and found that the land under acquisition was eligible to be included in category 3 i.e. dry land with earthen road frontage. According to us, the upgradation of the category done by the learned Subordinate Judge is justified. On the basis of the evidence which came on record, the court below would refix the value of the properties included in category No.1 at Rs.3,000/- per cent and making a proportionate deduction following the ratio adopted by the land acquisition officer in his own award , the value of properties in LAA.No.75/08 2 category 3 was refixed at Rs. 13669/- per Are. The approach of the learned Subordinate Judge is quite justified. The claimant had claimed severance compensation on the reason that his remaining property extending to 25 cents was reduced to two pieces. The learned Subordinate Judge relying on the Commissioner's report found that the balance property of the claimant which was originally lying contiguously has been reduced to two pieces and awarded a lump sum amount of Rs. 25,000/-, thereby fixing the diminution of land value of the remainder property at roughly 18%. Here again we feel that the approach of the learned Subordinate Judge was reasonable. We do not find any reason to interfere with the impugned judgment. The appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. LAA.No.75/08 2