IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 LA.App.No.359 of 2009(D) ----------------------------- LAR.154/2006 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS/RESPONDENTS: --------------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KSTP, PULAMON, KOTTARAKKARA. BY MR. P.K. BABU, SR.GOVERNMENT PLEADER. RESPONDENTS/ CLAIMANTS: -------------------------------- 1. REMA, D/O. RETNAMMA, BABU BHAVAN, PUTHUVAL PURAYIDOM, PULIVEETTUMURI, KEZHTHONNAKKAL VILLAGE. 2. SUMA, D/O. RETNAMMA, PUTHUVAL PURAYIDOM, KEZHTHONNAKKAL VILLAGE. 3. ANIL KUMAR, S/O. MADHAVAN, MANAKKATTIL VEEDU, KADINAMKULAM MURI, KADINAMKULAM VILLAGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 359 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2009 JUDGMENT Pius.C.Kuriakose, J. We do not find any ground to admit this appeal preferred by the government. The case pertains to acquisition of land in Keezhthonnakal village for the upgradation of Thykkode-Kottarakkara state highway. The relevant Section 4(1) notification was published on 06/01/2003. The land acquisition officer awarded land value at the rate of Rs. 11,717/- per Are. The evidence before the reference court consisted of Exts.A1 and A2 sale deeds and testimonies of AW1 claimant on the side of the claimant. On the side of the government, there was no counter oral evidence and the evidence consisted only of Exts.R1 to R4 papers pertaining to land acquisition file. Exts.A1 and A2 together related to just 3 cents of land. It revealed a land value of roughly Rs. 3,00,000/- per cent. The learned Subordinate Judge did not place complete reliance on Exts.A1 and A2. However, the learned Judge found on the basis of those two documents that there was LAA.No.359/08 2 justification for increasing the land value and accordingly increased the land value by 80% of the value which had been awarded by the land acquisition officer. Having gone through the impugned judgment, we feel that the approach of the learned Subordinate Judge was quite reasonable. After all, the properties were already enjoying the frontage of a public road and it was to upgrade that road as a state highway that the present acquisition became necessary. The property was situated to a very important town of Kottarakkara and was in Pothencode village which was not far away from Thiruvananthapuram. For both these reasons, the appeal will stand dismissed. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.359/08 2