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 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 LA.App..No. 436 of 2011(D) -------------------------- LAR.69/2007 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S)/RESPONDENT: ------------------ STATE OF KERALA, REPRESENTED BY THE DISTRICT COLELCTOR, ERNAKULAM. BY GOVERNMENT PLEADER SMT.ROSE MICHAEL RESPONDENT(S)/CLAIMANT: ------------------- THOMAS, S/O.VARUTHUKUTTY, THEKKINEDATH HOUSE, VALLUVALLY, KOONAMMAVU PO, 683 518. ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT. BINITHA T.M. SMT.AFSANA ASHRAF THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- L.A.A. No. 436 of 2011 ------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The delay is condoned as we are in a position to decide the appeal in favour of the claimant immediately. We are not inclined to admit the appeal. The appeal pertains to acquisition of land Kottuvally Village for the construction of NH-17. The relevant Section 4(1) notification was published on 23.8.2004. The Land Acquisition Officer included the properties in category 4, i.e., land abutting the existing road situated at a level difference of 2 to 5 feet. The Land Acquisition Officer awarded market value of land at Rs.74,440/- per Are. Learned Sub Judge came to the conclusion that there was no justification in including these properties in category 4. According to the learned Sub Judge, the only difference between these properties and property included in second category was level difference. LAA.436/11 -2- So, what the learned Sub Judge did was to adopt the valuation fixed for category 2 and to make deduction towards reclamation charges. In that way learned Sub Judge refixed land value at Rs.1,60,777/- per Are. We notice our own common judgment in LAA.474/2009 and connected cases. Having gone through that judgment we are of the view that the rate presently fixed by the learned Sub Judge under impugned judgment is quite reasonable. We approve the above rate and dismiss this appeal in limine. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb