IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 LA.App..No. 235 of 2009() ------------------------- LAR.145/2001 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): FIRST RESPONDENT -------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT(S): CLAIMANT & 2ND RESPONDENT --------------- 1. KAUSALYA, D/O. SRI .GOVINDAN, VATTAVILA VEEDU, CHERUNNIYOOR. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS, SOUTHERN RAILWAY, THIRUVANANTHAPURAM THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 235 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to admit this appeal which pertains to acquisition of land in Vettor-Cherunniyoor village pursuant to a notification under Section 4(1) published on 14/09/1999. The purpose of the acquisition was doubling of railway line. The land acquisition officer awarded land value at the rate of Rs. 46,384/- per Are. This was enhanced by the reference court to Rs. 61,750/- per Are. It was relying mainly on Ext.A1 document that the learned Subordinate Judge granted the enhancement. Ext.A1 was a document considered and rejected by the officer stating that Ext.A1 document does not reveal the prevailing market value in the locality. But the learned Subordinate Judge on assessing the entire evidence which included the report of the Commissioner on a comparison of the acquired property and Ext.A1 property, found that property covered by Ext.A1 was to a certain extent comparable to the acquired property. What the learned Judge LAA.No.235/09 2 did was to reduce Rs. 10,000/- from the value reflected by Ext.A1 and thus arrive at the value of Rs. 25,000/- for the acquired properties. According to us the approach of the learned Subordinate Judge was reasonable and it is seen from the judgment, that the learned Sub Judge has kept in mind the principles relating to determination of market value in land acquisition cases as settled statutorily as well as by judicial precedents. The appeal will stand dismissed in limine. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.235/09 2