IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 LA.App..No. 301 of 2007() ------------------------------------ LAR.552/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT NO.1 IN LAR ------------------------- STATE OF KERALA, REPRESENTED BY THE REVENUE DIVISIONAL OFFICER & LAND ACQUISITION OFFICER, KOZHIKODE. BY GOVERNMENT PLEADER MR.BENNY VARGHESE RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 IN LAR --------------------------- 1. K.ALIKOYA, KAYAKKATHARA, MANNUR KADALUNDI, KOZHIKODE. 2. THE EXECUTIVE ENGINEER(CONSTRUCTION) SOUTHERN RAILWAY, KOZHIKODE. R1 BY ADVS.MR.P.SANJAY , MR.M.MUHAMMED SHAFI . THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.974/2007 IN LAA. NO.301/2007 DISMISSED 25/11/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 301 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of November, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, Kozhikode in LAR 552/99. An area of 0.0100 hectares of garden land situated in R.S.No.16/7 Kadalundy village was acquired for the purpose of development of railway track. The land value was fixed at Rs.11,781/- and the value of the building at Rs.1,31,480/-. The Land Acquisition Court after elaborately considering the matter fixed the land value at Rs.15,000/- per cent and the building value at Rs.2,10,356/- and it is against the fixation of the land value the appeal is preferred. The learned Subordinate Judge has considered the matter in paragraph 9 of the award. It is specifically stated that the acquired land is situated on the side of Mannur- Vadakkumbhattu road and it is situated near the bus-stand and there are commercial establishments near the acquired L.A.A. 301 OF 2007 -2- property. The basis land is situated at a distance of 3 kms and is in a less commercial important area. The Land Acquisition officer enhanced only 20% of Rs.3,975/- to find the land value. The Land Acquisition Court had also taken into consideration the judgment of the Court in LAR 448/99 etc. A perusal of that judgment revealed that the lands acquired under the said reference as well as the land acquired in this case are similar and similarly situated and that the property is situated very near the property to the said acquisition and thereafter considering the entire materials relying upon these factors regarding the commercial importance of the locality plus the considered decision of the lower court in Ext.A4 the land value has been fixed at Rs.15,000/- per cent. It does not suffer from any infirmity and therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-