IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 LA.App..No. 783 of 2006() ------------------------- LAR.107/2000 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT: R1 IN THE LAR ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR RESPONDENTS: CLAIMANT & R2 IN LAR ----------------------------------- 1. RAJALEKSHMI AMMA, W/O. DAMODARAN PILLAI, T.C.2/1540, LEKSHMI NIVAS, KOTTARA LANE, GOUREESA PATTOM, THIRUVANANTHAPURAM, FROM PALLIVILAKATH VEEDU, SARKARA, CHIRAYINKIL VILLAGE. 2. THE DEPUTY CHIEF ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV SRI.M.C.CHERIAN,SR.SC.,RAILWAYS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.783 of 2006 ----------------------------------------- Dated this the 19th day of February, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1335/2006: Heard. Delay condoned. 2. The appeal is filed against the judgment and decree in L.A.R.No.107/2000 on the file of the Sub Court, Attingal. The acquisition is for the purpose of doubling of railway line from Kollam to Thiruvananthapuram. Though the claimants sought enhancement on the basis of Exts.A1 to A3 the reference court found no justification in relying on those documents. However, the reference court has taken the view that there is no justification in reducing 20% of the value shown in the basic document by the Land Acquisition Officer. It was found that the finding by the Land Acquisition Officer that the acquired property does not have road access is not factually correct, in view of the evidence available on record. There is no contra evidence either by the State or the Railways. Therefore, in view of the finding regarding road access, the court rightly held that there is L.A.A.NO.783/2006 -:2:- no basis for reducing 20% of the land value. The finding is perfectly in order. Thus there is no merit in the appeal. Therefore, the appeal is dismissed. I.A.No.4517/2006 is also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.783 of 2006 ---------------------------- JUDGMENT 19th February, 2008