IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 LA.App..No. 100 of 2001() ------------------------- LAR.112/1996 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT: ----------- JACOB JOSEPH, MAPPILACHERRY, KALATHIPARAMBIL, VAZHAPPILLY EAST, CHANGANACHERRY BY ADV. SRI.LAL GEORGE SRI.R.PRAVEEN SRI.SEBASTIAN VARGHESE SRI.ANIMON A. JOHN SRI.SEBASTIAN VARGHESE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, OFFICE OF THE ADVOCATE GENERAL, ERNAKULAM. BY GOVT.PLEADER SRI.K.V.MANOJ KUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2008, ALONG WITH LAA NO.164 OF 2003 LAA NO.327 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.Nos.100/2001, 164 & 327/2003 ----------------------------------------- Dated this the 22nd day of January, 2008 JUDGMENT Harun-Ul-Rashid.J. L.A.Nos.100/2001 & 164/2003 are filed by the claimant and the State respectively challenging the judgment and decree passed by the Sub Court, Kottayam in L.A.R.No.112/1996. The claimant filed the appeal challenging the quantum of fixation. L.A.A.No.327/2003 arises from the judgment and decree in L.A.R.No.118/1996 of the same court, which is a connected case. Both the cases are jointly tried by the Sub Court, Kottayam and disposed of by a common judgment which is under appeal. The extent of property involved in L.A.R.No.112/1996 is 2.70 ares of dry land and the extent involved in L.A.R.No.118/1996 is 1.03 ares. Section 4(1) notification was published on 17-1-1995. The Land Acquisition Officer awarded land value at the rate of Rs.19,760/- per Are. The same was enhanced and refixed by the reference court at Rs.39,520/- per Are. 2. The claimant, in support of his claim for enhanced compensation, examined AWs.1 to 3 and produced sale deed No.1792/1988 marked as Ext.A1. On the side of the respondent Ext.R1 basis document and Ext.R2 sketch are produced. 3. The reference court noted that the acquired land is situated L.A.A.Nos.100/2001, 164 & 327/2003 -:2:- at Madhumoola junction in Changanacherry Municipality. The locational importance of the acquired lands are also testified by the claimant and his witnesses. In the locality where the property is situated. there are Church, School, Assumption College, SB College, Market, Railway Station etc. in the vicinity. According to the claimant the market value of the acquired land as on the date of notification is more than Rs.1 lakh. It is submitted that the amount fixed by the Land Acquisition Officer is not at all adequate and reasonable and therefore, they sought for enhancement of the land value. The court below discussed the comparability of the acquired land with Ext.A1 property. The court was of the view that Ext.A1 property is situated in a more important locality and that too is a plot of lesser extent suitable for residential purposes. Therefore, the value given in Ext.A1 as such cannot be accepted in this case. At the same time noting the importance of the locality where the property is situated and the oral evidence of AWs 1 to 3 the reference court refixed the market value of the property at Rs.39,520/- per Are. It is to be noted that the market value of Ext.A1 property is Rs.35,000/- per cent. The said property is also situated near the acquired land, having road access on two sides, whereas the acquired land having road access of 15 ft. width. Taking into account the locational importance of the property we are of the L.A.A.Nos.100/2001, 164 & 327/2003 -:3:- view that the fixation of land value at Rs.39,520/- per Are is just and reasonable. In other connected cases relating to acquisition for Changanacherry bye-pass, the same amount was fixed by this court. On the basis of evidence adduced by the claimant no grounds are made out for enhancing the land value over and above the value fixed by the reference court. Therefore, we find no reason to interfere with the fixation of market value by the reference court. Accordingly all the appeals are without merit and they are accordingly dismissed. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.Nos.100/2001, 164 & 327/2003 ---------------------------- JUDGMENT 22nd January, 2008