IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 12TH JANUARY 2011 / 22ND POUSHA 1932 LA.App..No. 1104 of 2010() -------------------------- LAR.29/2001 of SUB COURT, OTTAPPALAM .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA, REP. BY TEH SPECIAL TAHSILDAR, (G) NO.1, PALAKKAD. BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA RESPONDENT(S): CLAIMANT ----------------------- 1. E.P.RAJALAKSHMI, D/O.E.P.MADHAVAN NAIR BY MUKTHIAR AGENT E.P.RAJAKUMAR, LAKSHMI NIVAS, CHERPULASSERI ROAD OTTAPALAM. 2. THE OTTAPALAM MUNICIPALITY, REP. BY ITS SECRETARY. ADV. SRI.SANTHEEP ANKARATH FOR R1 SMT.M.SINDHU THANKAM FOR R1 SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE FOR R2 SRI.A.S.SAJUSH PAUL FOR R2 SRI.THOMAS JAMES MUNDACKAL FOR R2 SRI.BOBBY THOMAS FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ L.A.A..No.1104 OF 2010 ------------------------ Dated this the 12th day of January, 2011 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal preferred by the Government is the award of the Land Acquisition Reference Court, Ottappalam. The acquisition was for the purpose of extension of Ottappalam Municipal bus stand. Relevant Section 4(1) notification was published on 2/4/1999. The Land Acquisition Officer awarded land value at the Rate of Rs.5,010/- per cent. The Reference Court in the first instance, on evaluating the evidence that was adduced by the parties, refixed the land value at Rs.75,000/- per cent. The Government preferred an appeal. In that appeal the award of the Reference Court was set aside and the matter was remanded for a fresh decision giving opportunity to both sides to adduce evidence. The impugned judgment has been passed pursuant to that remand order. Under the impugned judgment the land value has been refixed LAA.No.1104/2010 2 at Rs.50,000/- per cent. 2. Even though Smt.T.T.Josephina, learned senior Government Pleader addressed very strenuous arguments, having gone through the impugned judgment and having taken into account the importance of the locality, which is the most important area of Ottappalam town, we are of the view that the rate presently fixed by the Reference Court is in no way unreasonable. We do not find any warrant for interference at the instance of the Government. The appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk