IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 LA.App..No. 792 of 2008() ------------------------- LAR.49/2002 of SUB COURT, MANJERI .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. RESPONDENTS: ------------- N.C. ABDULLA HARRIS, S/O. ABDULLA HAJI, NOOTTITHODI HOUSE, MANJERI. BY ADV. SRI.G.S.REGHUNATH FOR R.2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.792 of 2008 ----------------------------------------- Dated this the 26th day of May, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the State aggrieved by the judgment and decree in L.A.R.No.49/2002 on the file of the Sub Court, Manjeri. The acquisition is for the purpose of Manjeri Bye- pass IV Road. The notification is dated 9-9-1997. The Land Acquisition Officer fixed land value at Rs.4255/- per cent. The reference court enhanced and fixed the land value at Rs.10,000/- per cent. The extent involved is only 0.0240 hectares. It is seen from the judgment that the property is situated at a distance of 1 Km. from the Manjeri Central Bazaar and several important commercial and other institutions are situated nearby. The potentiality of the land has been noted by the advocate Commissioner. It has also come out in evidence that the property is situated at a distance of 50 metres from the Manjeri- Malappuram road. Being a fast developing area and in view of the potential for development of the acquired land and also L.A.A.No.792 of 2008 -:2:- taking into consideration the nearness of the property to Manjeri centre, a further enhancement was given at the rate of Rs.10,000/- per cent. It is seen that the same is based on the evidence available on record. All that apart the extent involved is also very small. Therefore, we are of the view that the enhancement thus given is just, proper and reasonable. The appeal is hence dismissed. I.A.No.1858/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.792 of 2008 ---------------------------- JUDGMENT 26th May, 2008