IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 LA.App..No. 948 of 2008() ------------------------- LAR.158/2006 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. RESPONDENTS: CLAIMANTS & RESPONDENTS .2 --------------------------------------- 1. SEBI PETER, MANAYIDA VEEDU, KARINGACHIRA, IRUMPANAM PO. 2. THE DY.CHIEF ENGINEER, RAILWAYS, ERNAKULAM. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, ALONG WITH L.A.A.No.990/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.Nos.948, 990, 1216, 1268 & 1289 of 2008 ----------------------------------------- Dated this the 18th day of September, 2008 JUDGMENT Kurian Joseph,J. State is aggrieved by the fixation of land value. Acquisition is for the purpose of doubling of railway line between Ernakulam and Mulanthuruthy. The property is situated in Kureekad Village. Of the cases covered by this batch, L.A.R.No.130/2006 (L.A.A.No.990/2008) and L.A.R.No.186/2006 (L.A.A.No.1289/2008) belong to category 1, L.A.R.No.57/2006 (L.A.A.No.1268/2008) belongs to category 2 and the rest in category 3, category 2 with lesser advantages. Category 1 is dry land with Panchayat road access situated near to the Kureekad Junction. It was admitted by both sides before the reference court that the judgment in L.A.R.No.96/2006 can be relied on. That was in respect of properties situated around 100 metres from Kureekad Junction with a tarred Panchayat road frontage. The reference court fixed land value at Rs.7370/- per Are. There was also no dispute that the property acquired in L.A.R.Nos.130/2006 and 186/2006 belonged to category 1 L.A.A.Nos.948, 990, 1216, 1268 & 1289 of 2008 -:2:- covered by notification dated 18-12-2003, as in the case of L.A.R.No.96/2006. Though there was a little difference with regard to the distance, taking note of the factual situation regarding nearness to the Kureekad Junction, according to us the reference court rightly fixed the land value in category 1 in respect of L.A.A.No.990/2008 and L.A.A.No.1289/2008 as in the case of L.A.R.No.96/2006. 2. In L.A.R.No.57/2006 (L.A.A.No.1268/2008) the acquired property comes under category 2, that is dry land with Panchayat pathway facility. In view of the disadvantage of not having direct road access, it is seen that the reference court has reduced 10% of the land value of category 1 and fixed the value at Rs.66,339/- per Are. As far as L.A.R.No.149/2006 (L.A.A.No.1216/2008) and L.A.R.No.158/2006 (L.A.A.No.948/2008) are concerned, it is seen that the acquired properties are situated about 1 km. away from the Kureekad junction. But the properties are also coming under category 2, that is, dry land with Panchayat pathway facility. However, in view of the distance from Kureekad town when compared to the property acquired in L.A.R.No.57/2006 and belonging to the very same category, it is seen that the reference L.A.A.Nos.948, 990, 1216, 1268 & 1289 of 2008 -:3:- court has reduced 10% from that of L.A.R.No.57/2006. We find that in the process the reference court has taken into consideration the value fixed in L.A.R.No.96/2006 and in view of the locational disadvantage of distance from the town and lacking direct road access proportionate reduction has been given to the extent of 10% each. In the absence of any contra evidence we find that fixation of land value by the process undertaken by the reference court is proper and that the land value fixed by the court is just and reasonable. It is also to be noted that reliance on land value in L.A.R.No.96/2006 was not opposed by either side. In the above circumstances we find no merit in the appeals. They are accordingly dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.Nos.948, 990, 1216, 1268 & 1289 of 2008 ---------------------------- JUDGMENT 18th September, 2008