IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 LA.App..No. 1497 of 2005() -------------------------- LAR.6/1999 of ADDL.SUB COURT, PALAKKAD .................... APPELLANT: RESPONDENT. ---------------------- STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR LA(G) NO.2. PALAKKAD. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW RESPONDENTS: CLAIMANTS. ----------------------- 1. K.MOIDU, S/O.AHAJIKUNJU,KURIKKOLM VEEDU, MUKKALI, KALLAMALA, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. KARIYA UMMA, W/O.K.MOIDU, KURIKKOLM VEEDU, MUKKALI, KALLAMALA, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.MILLU DANDAPANI FOR R1 & R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A.NO. 1497 OF 2005 ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. This appeal filed by the State of Kerala is directed against the judgment and decree in L.A.R. No.6 of 1999 on the file of the Additional Sub Court, Palakkad. 2. An extent of 0.7685 hectares of land (approximately 1.90 acres) was acquired for the purpose of construction of a canal. Section 4(1) notification is dated 7.8.1998. The Land Acquisition Officer fixed land value at the rate of Rs.500/- per cent for dry land and Rs.384.62 per cent for wet land. The reference court enhanced the land value and refixed the same at Rs.1,200/- per cent for dry land and Rs.900/-per cent for wet land. The claimants contended that the acquired land is situated abutting Mannarkkad-Coimbatore State Highway at a prime location and claimed Rs.50,000/- per cent for dry land and Rs.20,000/- per cent for wet land. The Commissioner in Ext.X1 report stated that the acquired lands are located close by a road having road frontage on all the four sides. It has also come out from Ext.X1 that the acquired dry land consists of various improvements and is very fertile. The Commissioner also reported that the L.A.A.NO.1497/2005 2 acquired dry land had irrigation as well as electricity facility. 3. The reference court relied on Ext.A1 sale deed as the basis land and found that the property covered by Ext.A1 is not similar and similarly situated as that of the acquired lands. The reference court, therefore, proceeded to refix the land value taking into consideration the potentiality of the acquired lands and its access to the road. After considering all the facts and circumstances, the court below refixed the land value at Rs.1,200/- per cent for dry land and Rs.900/- per cent for wet land. We are of the view that the fixation of land value as above in the given circumstances is fair, just and reasonable. Hence, we do not find any reason to take a different view and the land value fixed by the court below is thus confirmed. In the result, the appeal fails and it is accordingly dismissed. I.A. No.4090 of 2005 is also dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.1497/2005 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. L.A.A. NO. 1497/2005 JUDGMENT 2nd July, 2008 L.A.A.NO.1497/2005 4