IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 LA.App..No. 148 of 2005() ------------------------- LAR.159/1999 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT: RESPONDENT --------------------- STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENTS: CLAIMANTS/RESPONDENT --------------------------------- 1. UNNIMOYIN KUTTY HAJI (DIED), KATTAYATHU HOUSE, CHERUVADI P.O., KODYATHUR. 2. KADEEJA, 51 YEARS, W/O.UNNIMOYIL KUTTY HAJI, KATTAYATHU HOUSE, CHERUVADI. 3. AHAMMED SHABEER, 29 YEARS, S/O.UNNIMOYIL KUTTY HAJI, KATTAUATHU HOSUE, CHERUVADI, PP.O., KODIYATHUR. 4. NIYAS, CHOLA, 27 YEARS, S/O.UNNIMOYIL KUTTY HAJI, KATTAYATHU HOSUE, CHERUVADI P.O. KODIYATHUR. 5. SALMAN C.P., 18 YEARS, S/O.UNNIMOYIL KUTTY HAJI, KATTAYATHU HOUSE, CHERUVADI P.O., KODIYATHUR. 6. SABANA AMINAKUTTY (MINOR), D/O.UNNIMOYIN KUTTY HAJI, KATTAYATHU HOUSE, CHERUVADI P.O., KODIYATHUR GUARDIAN, 'B' CLAIMANT. BY // THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2008 ALONG WITH L.A.A.NO.307 OF 2005 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- L.A.A. NOS. 148, 307, 409, 587, 706, 726, 1337, 1406 & 1424 OF 2005, 119 OF 2006 & 668 OF 2007 ---------------------------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT Kurian Joseph, J. These are appeals filed by the State aggrieved by the fixation of land value by the reference court, Principal Sub Court, Kozhikode. Acquisition is for the purpose of construction of a bridge at Edavazhikkadavu river. It is seen that out of the 20 cases covered by the common judgment in L.A.R. No.54 of 1999 and connected cases, there are no appeals against 9 of them. That apart, on merits it is seen that the reference court has taken note of the fact that A1 property was on the side of the river in Block No.1 whereas the acquired properties are on the other side of the river. Though the Advocate Commissioner reported land value between Rs.35,000/- and 40,000/- per cent and though Ext.A2 indicates land value at Rs.25,000/- per cent, the reference court has rightly taken note of the fact that the inspection of the Advocate Commissioner is after the construction of the bridge and that the properties covered by Ext.A2 were on the other side of the river whereas as on the date of notification, LAA NO.148/05 & CON.CASES 2 the properties were in an isolated area. But in view of the potential development, the reference court has fixed land value at Rs.20,000/- per cent which in the facts and circumstances of the cases is just, proper and reasonable fixation of land value. Apparently, there are no appeals in about 50% of the cases covered by the common judgment. For all the above reasons, these appeals are dismissed. The stay applications are also dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ LAA NO.148/05 & CON.CASES 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 15th JANUARY, 2008