IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 LA.App..No. 1533 of 2007() -------------------------- LAR.119/2003 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS: CLAIMANT: ----------------------- 1. DR. P.SANKARANKUTTY, S/O. PARAMESWARAN NAIR, AGED 61, RESIDING AT TC.16/1670, DPI JUNCTION, JAGATHY, TRIVANDRUM. 2. KUMARI VALSALA, W/O. DR.P.SANKARANKUTTY NAIR, AGED 56 YEARS, RESIDING AT TC.16/1670, DPI JUNCTION, JAGATHY, TRIVANDRUM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS: RESPONDENT: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY(TRIDA), THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN FOR R1 ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ----------------------------- L.A.A No. 1533 of 2007 & 130 of 2008 ------------------------------ Dated this the 4th day of December, 2009. J U D G M E N T The Government as well as the claimants are in appeal against the judgment and decree of the Reference Court. The acquisition was of land in Thirumala village of Thiruvananthapuram district. The relevant notification under Section 4(1) was published on 3.8.1998. The purpose of the acquisition was widening of the road from Karamana to Killippalam Reach-III. The Land Acquisition officer fixed the land value at the rate of Rs.1,56,831/- per are. The reference court on the basis of evidence ie, Ext.A3 post notification document re-fixed the land value at the rate of Rs.6,00,000/- per are. Our attention was drawn by Sri.J.S.Ajithkumar the learned counsel appearing for the appellants in L.A.A. No.1533 of 2007 to the judgment of this Court in L.A.A.No.2021 of 2008 to which one among us (PCK(J) is a party. It is seen from the judgment that this Court has approved refixation of the land value in Thirumala Village acquired for the same purpose and the same notification at the rate of Rs.6,00,000/-. The learned Government Pleader Smt.Latha T.Thankappan also conceded that re-fixation of land value at the rate of Rs.6,00,000/- per Are in similar case was approved by this Court. Sri.J.S.Ajithkumar, the learned counsel L.A.A No. 1533 of 2007 & 130 of 2008 2 appearing in L.A.A.No.1533 of 2007 would argue that the court below ought to have granted more than the rate presently fixed, since the property under acquisition was superior to the property covered by Ext.A3. We are unable to agree. Ext.A3 was a post notification document. This Court by judgment in L.A.A.No.2021 of 2008 fixed the land value at the rate of Rs.6,00,000/- per Are finding that the same is more or less equal to the correct market value of the land under acquisition. Sri.J.S.Ajithkumar submitted that there was a building having carpet area 200 sq. meters which existed in the property under acquisition. According to him the awarding officer awarded only a paltry amount of Rs.98,000/- and the court below has granted only a meager increase of the same. We are unable to accept the above argument because as rightly pointed out by Smt.Latha T.Thankappan, senior Government Pleader, L.A.A No.1533 of 2007 is confined to the question of land value only. In the result, these appeals are dismissed. The parties are directed to suffer their costs. Sd/- PIUS C.KURIAKOSE, JUDGE Sd/- K.SURENDRA MOHAN, JUDGE //True Copy// ab PA to Judge