IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 LA.App..No. 746 of 2005() ------------------------- LAR.38/2001 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT: ---------------------- THE SPECIAL TAHSILDAR (LA), KOZHIKODE. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. RESPONDENTS: CLAMANT: --------------------- 1. THANKAM, PUZHAKKAL HOUSE, P.O. KARUVISSERY, VENGERI AMSOM DESOM, KOZHIKODE TALUK. 2. THE SECRETARY, CORPORATION OF CALICUT. BY ADV. SRI.THOMAS ANTONY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, ALONG WITH LAA NOS.1162 & 1311 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- L.A.A.Nos.746, 1162 & 1311 of 2005 ---------------------------------------------- Dated 30th January, 2008. J U D G M E N T Harun-Ul-Rashid, J. C.M.Appln. Nos.995/05 in LAA 746/05, 1618/05 in LAA 1162/05 : Delay condoned. These are appeals filed by the State against the common judgment and decree passed in LAR Nos.38/01, 36/01 and 31/01 respectively on the file of the Sub Court, Kozhikode. The properties involved in these references are acquired for the formation of parallel road to Canoli Canal, on requisition from Kozhikode Corporation. The properties are situated in Vengeri village, Kozhikode Taluk. Section 4(1) notification was published on 5.6.1998. The Land Acquisition Officer awarded land value at Rs.9,992/- per cent. According to the claimants, the acquired lands are situated in a prime area of Kozhikode Corporation, which is a fast developing city and that all the facilities available in Kozhikode city are easily accessible in this area also. The claimants also adduced evidence to prove that the acquired lands are lying within a radius of 1 to 3 Kms. from Kunduparamba town. Several important institutions, namely colleges, schools, LAA NO.746/05 & connected cases 2 Government Offices, factories, commercial establishments etc. are situated near to the acquired property. Besides these institutions, Thadampattuthazham-Kakkuzhipalam road and Muppattuthazham road passes very near to the acquired properties and Kannur-Thrissur National Highway and Balussery- Calicut road are easily accessible from these properties. 2. The claimants, in support of their claim for enhanced compensation, examined AW1, who is the claimant in LAR 31/01 and marked Exts.A1 to A4 documents and Ext.X1 commission report. No oral or documentary evidence was adduced by the respondents. The reference court discussed Exts.A1 to A4 documents and came to the conclusion that Ext.A1 property is situated near to the acquired properties. The Commissioner also reported that the property covered by Ext.A1 document is located near to the acquired properties. Ext.A1 is the certified copy of the judgment in LAR Nos.418 and 53 of 2001. The property therein was also acquired for the same purpose. The court below concluded that Ext.A1 property and the acquired lands are similar and similarly situated. We have noticed the fact that for Ext.A1 property, the reference court fixed LAA NO.746/05 & connected cases 3 the land value at Rs.43,890/- per cent. Taking into account Ext.A1 judgment and other factors, viz., Exts.A3 and A4, and the locational importance of the acquired land, the court below refixed the land value at the rate of Rs.45,000/- per cent. In view of the fixation of land value at Rs.43,890/- per cent for Ext.A1 land, we are of the view that the fixation of Rs.45,000/- per cent for the acquired properties in these cases by the reference court is fair and reasonable. We see no ground to interfere with the award passed by the court below. In the result, the appeals fail and therefore stand dismissed. There will be no order as to costs. I.A.Nos.1919/05 in LAA 746/05, 3259/05 in LAA 1162/05 & 3674/05 in LAA 1311/05 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs LAA NO.746/05 & connected cases 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- L.A.A. NOs.746, 1162 & 1311 of 2005 ---------------------------------------------- J U D G M E N T Dated 30th January, 2008.