IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 1537 of 2005(D) --------------------------- LAR.47/2000 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL RESPONDENTS: ------------- 1. KRISHNAMMA, BABUVILASOM VEEDU, KATTAKKALIL, KOONTHALLOOR, CHIRAYINKEEZH. 2. V. MURALEEDHARAN NAIR, BABUVILASOM VEEDU, KATTAKKALIL, KOONTHALLOOR, CHIRAYINKEEZH. 3. V. SASIDHARAN NAIR, BABUVILASOM VEEDU, KATTAKKALIL, KOONTHALLOR, CHIRAYINKEEZH. 4. V. THULASEEDHARAN NAIR, BABUVILASOM VEEDU, KATTAKKALIL, KOONTHALOOR, CHIRAYINKEEZH. 5. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION SOUTHERN RAILWAY, THIRUVANANTHAPURAM. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS R1I.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1537 of 2005 ----------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Kurian Joseph,J. This appeal is filed by the State aggrieved by the fixation of land value by the reference court, Sub Court, Attingal. The acquisition is for the purpose of doubling of railway line. The extent involved is only 0.65 ares. The section 4(1) notification is dated 23-4-1996. The Land Acquisition Officer fixed the land value at Rs.73,682/- per are and the reference court enhanced the same to Rs.93,000/- per are. The enhancement is around 26%. It is seen from the judgment that the same is based on evidence adduced by the claimants as AW1 and the documents marked on the side of the claimants as Exts.A1 to A3. It is seen that the basic document is executed on 26-10-1994. In view of the comparative advantages of the acquired property, when compared to Ext.A1 document and also taking note of the time lag of around 3 years we find that the reference court is perfectly justified in granting a nominal enhancement to the tune L.A.A.NO.1537/2005 -:2:- of 26%. Thus there is no merit in the appeal. It is accordingly dismissed. I.A.No.4183 of 2005 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1537 of 2005 ---------------------------- JUDGMENT 26th February, 2008